CONNIE LOPEZ, Claimant,
v.
PERSONNEL PLUS, INC., Employer,
and
IDAHO STATE INSURANCE FUND, Surety, Defendants.
No. IC 2014-028197
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
January 28, 2020
ORDER
ON RECONSIDERATION
Thomas
P. Baskin, Chairman.
On or
about December 12, 2019 the Commission entered its Findings
of Fact, Conclusions of Law, and Order in the matter above
referenced. The Commission found that Claimant was not
credible when describing her post-accident symptoms and
functional capacity. Claimant’s lack of credibility,
correlated with the medical evidence of record, persuaded the
Commission that Claimant did not suffer ratable permanent
physical impairment as a consequence of the subject accident,
therefore making further examination of her claim for
disability moot. The Commission was aware that prior to
hearing Defendants had paid the 24% upper extremity rating
recommended by Dr. Esplin.
In her
Motion for Reconsideration, Claimant requests that the
Commission revisit its determination that Claimant has failed
to prove entitlement to an impairment rating. However,
Claimant does not contend that the Commission erred in
declining to make an award of disability to Claimant in
excess of her claimed entitlement to an impairment rating.
Per Claimant, her only purpose in challenging the
Commission’s determination on the issue of impairment
is to avert the possibility that the Defendants may seek
repayment from Claimant for the impairment rating paid by
Defendants, but to which the Commission determined Claimant
was not entitled. Claimant also avers that the issue of
impairment though noticed for hearing, was waived by
Defendants because it was not the subject of briefing. In
response, Defendants contend that PPI is a component of PPD
and that Claimant’s disability was hotly contested.
They further contend that their prior payment of the 24%
upper extremity rating was made before Claimant’s
“perfidy” was revealed in subsequent
investigations.
A
decision of the Commission, in the absence of fraud, shall be
final and conclusive as to all matters adjudicated, provided...
