BROCK VANORDEN, Claimant,
v.
PINECREST EVENTS CENTER/JK PROMOTIONS, L.L.C., Non-Insured Employer, Defendant.
IC No. 2019-021329
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
September 25, 2020
FINDINGS
OF FACT, CONCLUSIONS OF LAW, And RECOMMENDATION
INTRODUCTION
Pursuant
to Idaho Code sect; 72-506, the Idaho Industrial Commission
assigned the above-entitled matter to Referee John C. Hummel.
This matter came before the Commission pursuant to an Order
of Default, and a hearing was not held. Matthew Romrell of
Idaho Falls represented Claimant, Brock VanOrden. Claimant,
by and through his counsel of record, filed an Application
for Default, together with a brief with supporting exhibits
and an affidavit as default proof. Defendant, a non-insured
Employer, Pinecrest Events Center/JK Promotions, LLC, did not
appear or otherwise submit a defense. The matter came under
advisement on July 3, 2020.
ISSUES
The
issues to be decided by the Commission are as follows:
1.
Whether and to what extent Claimant is entitled to medical
care;
2.
Whether and to what extent Claimant is entitled to a penalty,
costs and attorney fees pursuant to Idaho Code § 72-210;
3.
Whether the members of Defendant Employer's limited
liability company are personally liable, jointly and
severally, for any compensation, penalty, costs and attorney
fees; and
4.
Whether the Commission should retain jurisdiction beyond the
applicable statute of limitations.
All
other issues are reserved.
CONTENTIONS
OF THE PARTIES
Claimant
argues that he sustained an injury in the employment of
Employer on March 2, 2019 that required medical care. He
claims reimbursement for past medical expenses in the total
amount of $47,240.77, pursuant to the Neel doctrine.
He further argues that he is entitled to a statutory penalty
pursuant to Idaho Code § 72-210 in the amount of 10% of
the total amount of his compensation costs, together with
costs and reasonable attorney fees. Finally, he argues that
the members of Defendant Employer's limited liability
company should be held personally liable, jointly and
severally, and that the Commission should retain jurisdiction
of reserved issues.
Defendant
did not file an Answer to the Amended Complaint or otherwise
appear or defend this action.
EVIDENCE
CONSIDERED
The
record in this matter consists of the following:
1.
Claimant's Exhibits A through H, admitted to the record
pursuant to Defendant's Default; and
2.
Claimant's Affidavit dated April 13, 2020, admitted to
the record pursuant to Defendant's Default.
COURSE
OF THE PROCEEDINGS
Claimant
filed a Complaint with the Commission on July 25, 2019.
Thereafter, Claimant filed an Amended Complaint on July 26,
2020. The Commission mailed a "pro se"
packet to Defendant as an uninsured employer on August 6,
2019. Although served with a copy of the Amended Complaint,
neither Defendant nor its principal officers/members filed an
Answer or otherwise appeared and defended this action.
Claimant filed a Notice of Intent to Take Default on August
28, 2019. The Referee entered an Order of Default on
September 23, 2019. On July 2, 2020, Claimant filed a Brief,
together with supporting exhibits and an Affidavit, in
support of his Application for Default.
After
having considered the above evidence and the arguments of the
parties, the Referee submits the following findings of fact
and conclusions of law for review by the Commission.
FINDINGS
OF FACT
1.
Employer. "Pinecrest Events Center" is an assumed
business name of JK Promotions, LLC. Jesse W. Dye and Kathy
S. Dye are the members of JK Promotions, LLC. Employer
conducted business in Idaho Falls. Ex. B (Secretary of State
certificates); see also, Claimant's Brief at
2-3. Employer operated a small business convention center
where customers could rent space for various events,
including bridal shows and home shows. Affidavit of Claimant
atl.
2.
Administrative notice is taken that, at all relevant times,
Employer failed to secure payment of compensation as required
by the Idaho Workers' Compensation Act.
3.
Employment of Claimant. Jesse W. Dye, whom Claimant knew
personally, asked him in or about January 2019 to work for
Employer. Employer then hired Claimant as a laborer to work
40 hours per week at $10 per hour, however in practice his
hours fluctuated. Id. at 1-2; Ex. D (Claimant's
timecard).
4.
Industrial Accident. On March 2, 2019, while working for
Employer, Claimant climbed a ladder to fix a ceiling tile. He
fell while attempting to climb down from the ladder and
landed on his right elbow. Claimant continued to work, but
quickly felt too much pain and he left the premises to seek
medical treatment. Claimant's Affid. At 2.
5.
Before leaving the work premises, Claimant informed Chandler
Dye, Jesse Dye's son, about the accident. One to two days
later, Claimant spoke with Jesse Dye about the accident.
Id. at 3. Jesse Dye told Claimant that the business
did not have workers' compensation insurance and that
Claimant would have to pay for his injury himself.
Id.
6.
Medical Treatment. Claimant's wife took him to the
emergency department of Eastern Idaho Regional Medical Center
(EIRMC) on March 2, 2019 for evaluation. X-rays...
