Eckrote v. Precision Feed Systems, 120216 IDWC, IC 2016-006833

• Case Date: December 02, 2016
• Court: Idaho

FRANKLIN ECKROTE, Claimant, v. PRECISION FEED SYSTEMS aka Floyd Ag, Un-insured Employer, D efendant. No. IC 2016-006833 Idaho Workers Compensation Before the Industrial Commission of the state of Idaho December 2, 2016           FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION           Brian Harper, Referee          INTRODUCTION          Pursuant to Idaho Code § 72-506, the Idaho Industrial Commission assigned the above-entitled matter to Referee Brian Harper, who conducted a hearing in Twin Falls, Idaho, on October 17, 2016. Claimant represented himself pro se. No one was present on behalf of Employer. Oral and documentary evidence was admitted. The Claimant waived post-hearing briefs, and instead made oral arguments at the hearing. The matter came under advisement on October 19, 2016.          ISSUES          The issues to be decided are:

1. Whether Claimant is entitled to medical care benefits pursuant to Idaho Code § 72-432; and

2. Whether Employer is liable to Claimant for the penalties set forth in Idaho Code § 72-210 for failing to insure liability.1

         CLAIMANT'S CONTENTIONS          Claimant was injured while in the course and scope of his employment with Employer. The injury required medical intervention, with related expenses. Employer failed to secure worker's compensation insurance, and further failed to pay any medical expenses associated with Claimant's industrial accident. Claimant is entitled to reimbursement for his medical expenses. Employer is subject to the penalties prescribed by Idaho Code § 72-210 for failing to maintain worker's compensation insurance to cover this accident. Defendant waived its right to defend this action by its failure to respond to the complaint and/or make any effort to defend itself.          EVIDENCE CONSIDERED          The record in this matter consists of the following:

1. Claimant's testimony, taken at hearing;

2. Claimant's Exhibits (CE) 1 through 6, admitted at hearing.2

         FINDINGS OF FACT          1. Claimant was an employee of Defendant on February 2, 2015. On that date, Claimant was helping to install a conveyor/auger for a client of Employer when his hand slipped into an unprotected chain and sprocket assembly. Claimant's left little finger...