Walker v. Bonneville Joint School Dist. No. 83, 020519 IDWC, IC 2010-014146

• Case Date: February 05, 2019
• 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 February 5, 2019           ORDER DENYING MOTION FOR RECONSIDERATION           Thomas P. Baskin, Chairman.          On January 14, 2019, McBride filed a timely second motion to reconsider the Commission’s December 24, 2018 order on attorney’s fees in the above captioned matter. Claimant did not respond.          Mr. McBride argues that the December 24, 2018 order is ambiguous because the Commission declined to order prospective fees on future medical care but did not preclude an additional motion for fees after such care is obtained. Mr. McBride requests clarification and requests the Commission retain jurisdiction for this potential prospective fee. Mr. McBride argues it is “inconsistent” to require him to pay Claimant amounts owed to Claimant and not allow Mr. McBride “credit” for his work on benefits already obtained.          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 reconsideration, or rehear the decision in question, based on the arguments presented, or upon its own motion, provided...