SENOBIO PADILLA, Claimant,
v.
PRESTIGE FENCE & LANDSCAPE CO, Employer,
and
HARTFORD FIRE INSURANCE COMPANY, Surety, Defendants.
No. IC 2012-031446
Idaho Workers Compensation
Before The Industrial Commission of The State of Idaho
December 10, 2018
ORDER GRANTING RECONSIDERATION AND VACATING
DISMISSAL
Thomas
E. Limbaugh, Chairman
On
October 10, 2018, the Industrial Commission filed a notice of
intent to recommend dismissal without prejudice due to case
inactivity. The Commission notified Claimant that he was
expected to respond within twenty-one (21) days with an
explanation why this case should not be dismissed. On
November 15, 2018, the Commission issued an order dismissing
Claimant's complaint, which was premised on
Claimant's failure to respond to its notice of intent to
recommend dismissal. Thereafter, on November 19, 2018,
Claimant's attorney filed a motion for reconsideration,
affidavit, and brief. On November 23, 2018, Claimant's
attorney filed a supplemental affidavit and addendum to his
brief. Claimant's attorney explained his office
procedures in detail and stated that in this specific case,
through inadvertence or mistake, Claimant's attorney did
not follow that procedure and therefore Claimant's
attorney never saw the notice of intent to recommend
dismissal or his assistant's draft response to same.
Claimant's attorney requests the Commission withdraw the
motion to dismiss or, in the alternative, to retain the case
on active status. Defendants did not file a response.
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. However, "[i]t is axiomatic that a
claimant must present to the Commission new reasons factually
and legally to support a hearing on her Motion for
Rehearing/Reconsideration rather than rehashing evidence
previously presented." Curtis v. M.H. King Co.,
142 Idaho 383, 388, 128 P.3d 920 (2005).
On
reconsideration, the Commission will examine the evidence in
the case and determine whether the...
