McCracken v. Lowe, 110918 IDWC, IC 2015-003250

• Case Date: November 09, 2018
• Court: Idaho

SANDI MCCRACKEN, Claimant, v. AARON M. LOWE, d/b/a TRIANGLE RESTAURANT Employer, and IDAHO STATE INSURANCE FUND, Surety, Defendants. No. IC 2015-003250 Idaho Workers Compensation Before The Industrial Commission of The State of Idaho November 9, 2018           ORDER GRANTING MOTION FOR RECONSIDERATION           Thomas E. Limbaugh, Chairman          This matter is before the Idaho Industrial Commission (“the Commission”) upon Claimant’s October 9, 2018 filing of correspondence construed as a motion for reconsideration of the Commission’s Order dismissing her complaint without prejudice on October 2, 2018. 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...