Presley v. Eldwood Staffing, 110718 IDWC, IC 2016-003351

Case DateNovember 07, 2018
CourtIdaho
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...

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