GUADALUPE GONZALEZ, Claimant,
v.
BOISE HOTEL AND CONFERENCE CENTER, Employer,
and
FEDERAL INSURANCE COMPANY, Surety, Defendants.
No. IC 2013-019439
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
January 9, 2019
ORDER GRANTING MOTION FOR RECONSIDERATION
Thomas
E. Limbaugh, Chairman.
This
matter is before the Idaho Industrial Commission (“the
Commission”) upon Claimant’s December 12, 2018
filing of her Motion for Reconsideration of the
Commission’s Order dismissing her complaint without
prejudice on November 23, 2018. Claimant contemporaneously
filed her Affidavit in Support of Motion for Reconsideration
and attached Exhibits, as well as Claimant’s Opening
Brief in Support. Defendants did not file a response.
Under
Judicial Rule of Practice and Procedure 12(B), the Commission
may dismiss a complaint without prejudice if no action has
been taken on the case for a period of 6 months. Prior to
dismissal, the Commission shall give written notice to the
parties of the Commission’s intent to dismiss the
complaint. Any party may, within 21 days of the date of
service of the Commission’s notice, show cause in
writing why the Commission should not dismiss the complaint.
A
decision of the Commission, in the absence of fraud, shall be
final and conclusive as to all matters adjudicated, provided
that within 20 days from the date of the filing of the
decision, any party may move for reconsideration. Idaho Code
§ 72-718. The Commission may reverse its decision upon a
motion for reconsideration, or rehearing of the decision in
question, based on the arguments presented, or upon its own
motion, provided that it acts within the time frame
established in Idaho Code § 72-718. See,
Dennis v. School District No. 91, 135 Idaho 94, 15
P.3d 329 (2000) (citing Kindred v. Amalgamated Sugar
Co., 114 Idaho 284, 756 P.2d 410 (1988)). Process and
procedure under this law shall be as summary and simple as
reasonably may be and as far as possible in accordance with
the rules of equity. Idaho Code § 72-708.
The
Commission filed the Notice of Intent to Recommend Dismissal
on October 25, 2018...
