Wells v. Swift Transportation, 010919 IDWC, IC 2016-004292

• Case Date: January 09, 2019
• Court: Idaho

JASON L. WELLS, Claimant, v. SWIFT TRANSPORTATION, Employer, and ACE AMERICAN INSURANCE COMPANY, Surety, Defendants. No. IC 2016-004292 Idaho Workers Compensation Before the Industrial Commission of the State of Idaho January 9, 2019           ORDER GRANTING RECONSIDERATION AND VACATING DISMISSAL           Thomas E. Limbaugh, Chairman.          On November 13, 2018, the Industrial Commission filed a Notice of Intent to Recommend Dismissal 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 December 6, 2018, 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. On December 7, 2018, the Commission received Claimant’s response to the Notice of Intent to Recommend Dismissal. The Commission construes Claimant’s response as a request for reconsideration.          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 that it acts within the time frame established in Idaho Code § 72-718. See, Dennis v. School District...