In the Matter of: JEFFREY JORDAN, Decedent,
SUE JORDAN, Claimant,
v.
WALMART ASSOCIATES INC., Employer,
and
NEW HAMPSHIRE INSURANCE COMPANY, Surety, Defendants.
No. IC 2019-017748
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
January 29, 2021
ORDER
ON PETITION FOR DECLARATORY RULING
Aaron
White, Chairman
On
December 17, 2020, Defendants filed a petition for
declaratory ruling under Judicial Rules of Practice and
Procedure Under the Idaho Workers’ Compensation Law,
effective December 21, 2020 (“JRP”) Rule 15,
along with supporting memorandum and Declaration of David P.
Gardner. Claimant, representing herself in a pro se
capacity, did not file a response to the petition. Defendants
request a declaratory ruling that there is no lawful order
prohibiting the dismissal of pro se complaints.
Defendants also request a declaratory ruling that
Claimant’s complaint should be dismissed for failure to
comply with discovery and the Order to Show Cause.
FACTS
On
October 31, 2018, Decedent Jeffery Jordan was working at the
Wal-Mart tire center when he suffered a fatal aneurysm,
passing away two days later on November 2, 2018. On November
1, 2019, Claimant Sue Jordan filed a Complaint for death
benefits as the surviving spouse. Claimant is representing
herself in a pro se capacity. On March 23, 2020,
Defendants served Claimant with a set of interrogatories and
a request for discovery. Defendants aver that Claimant did
send three statements of co-workers, but that the response to
their discovery request was incomplete.
[1] Def. Memo. in
Support of Petition p. 2. Of note, Claimant has not yet
provided Defendants with medical records of Decedent’s
previous history or at the time of the injury. Id.
On July 9, 2020, Defendants filed a Motion to Compel
Discovery. On July 30, 2020, the Commission granted the
motion, requiring Claimant to respond to discovery within 15
days. The Order warned that failure to comply with said order
could result in the imposition of sanctions, including, and
up to, dismissal of the Complaint.
When no
response was forthcoming, Defendants filed a Motion to
Dismiss on August 17, 2020 for Claimant’s failure to
comply with the order compelling discovery. Claimant did not
respond to the motion. On September 14, 2020, the Commission
issued an order instructing Claimant to show cause within 14
days “why sanctions, up to and including dismissal of
his [sic] claim, should not be imposed.” Order to Show
Cause p. 1. On September 30, 2020, the assigned Referee,
Sonnet Robinson, received a telephone voice message from
Claimant as follows:
Yes, this is Jordan and I’m calling on behalf of my
husband, Jeffrey Jordan, and I got a letter of
[unintelligible] and I got a letter saying it was dismissed
because there was no response from me when there was. If you
could give me call back at 559-410-0442 and the case is IC
2019-017748. If you could get back to me, I would appreciate
it. Thank you and bye-bye.
Referee
Robinson relayed this ex parte communication to all parties
via letter on October 1, 2020 pursuant to JRP 5(B). The
Referee informed Claimant that, as the presiding Referee
assigned to the case, she would be unable to communicate
about the case...
