CHRISTINA PRESLEY, Claimant,
v.
ELDWOOD STAFFING, Employer,
and
ZURICH AMERICAN INSURANCE COMPANY, Surety, Defendants.
No. IC 2016-003351
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
November 7, 2018
ORDER DENYING RECONSIDERATION
Thomas
E. Limbaugh, Chairman.
On
August 1, 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 October
2, 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 October 15, 2018,
Claimant’s Attorney filed a motion for reconsideration.
Claimant’s attorney explained that he and Defendants
had been actively engaged in settlement negotiations and had
already filed a lump sum settlement with the Commission at
the time of receiving the dismissal. Defendants did not file
a response.
On
October 29, 2018, the Commission signed and approved the lump
sum settlement in this case and dismissed the claim with
prejudice.
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 evidence presented
supports the legal conclusions. The Commission is not
compelled to make findings on the facts of the case during
reconsideration. Davidson v. H.H. Keim Co., Ltd.,
110 Idaho 758, 718 P.2d 1196 (1986). The...