Walker v. Bonneville Joint School Dist. No. 83, 122418 IDWC, IC 2010-014146

• Case Date: December 24, 2018
• Court: Idaho

RYAN WALKER, Claimant, v. BONNEVILLE JOINT SCHOOL DIST. No. 83, Employer, and IDAHO STATE INSURANCE FUND, Surety, Defendants. No. IC 2010-014146 Idaho Workers Compensation Before the Industrial Commission of the State of Idaho December 24, 2018           ORDER GRANTING MOTION FOR RECONSIDERATION           Thomas E. Limbaugh, Chairman          On September 18, 2018, McBride filed a motion to reconsider the Commission's August 30, 2018 order on attorney's fees in the above captioned matter. The August 30, 2018 order ordered as follows:

1. From any future award or settlement Claimant may receive in connection with the subject claim, McBride is entitled to recover, on a first dollar basis, $11,250.00 as his attorney fee.

2. McBride has proven costs of suit of $4,126.43. He has retained $5,000 of Claimant's funds to pay anticipated costs of suit. McBride shall return to Claimant the sum of $873.57.

3. If he has not done so, McBride shall pay to Claimant the sum of $2,514.78, representing recovery of past medical benefits owed to Claimant, less McBride's 25% fee of $838.26.

4. McBride has previously taken and is entitled to an attorney fee of $11,210.54 on TTD benefits of $44,842.14 and $434.43 on a PPI award of $1,737.72.

Order, p. 11. In his September 18, 2018 request for reconsideration, McBride requested further attorneys fees on medical benefits the Claimant received through his efforts and requested 30-60 days to secure documentation of the same. Claimant did not respond. On October 16, 2018, the Commission sent a letter to McBride allowing him to submit additional documentation to verify his claim for attorney fees, and on November 26, 2018, McBride submitted a second affidavit with accompanying exhibits. Claimant did not respond.          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...