DELIA ROBERTSON, Claimant,
v.
VERNON STEEL, INC., Employer,
And
IDAHO STATE INSURANCE FUND, Surety, Defendants.
IC 2018-001726
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
October 11, 2019
ORDER GRANTING RECONSIDERATION AND VACATING
DISMISSAL
Thomas
P. Baskin, Chairman.
On
August 23, 2019, 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
September 30, 2019, 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 3, 2019,
Claimant’s Attorney argued that he drafted a responsive
memorandum to the notice of intent to recommend dismissal,
but learned the same was not filed when he received the
Commission’s dismissal. Claimant’s motion is
construed as a request for reconsideration. Defendants did
not file a response. Claimant submitted documentation that
his response included the Commission on the certificate of
service.
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 Commission may
reverse its decision upon a motion for...
