RYAN WALKER, Claimant,
BONNEVILLE JOINT SCHOOL DIST. NO. 83, Employer,
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
P. Baskin, Chairman.
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.
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
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).
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...