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9-10-2012 Clark v. Cry Baby Foods, LLC Agency's Record v. 7 Dckt. 40016
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Recommended Citation "Clark v. Cry Baby Foods, LLC Agency's Record v. 7 Dckt. 40016" (2012). Idaho Supreme Court Records & Briefs. 759. https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/759
This Court Document is brought to you for free and open access by Digital Commons @ UIdaho Law. It has been accepted for inclusion in Idaho Supreme Court Records & Briefs by an authorized administrator of Digital Commons @ UIdaho Law. BEFORE THE SUPREME COURT OF THE STATE OF IDAHO lAW CLERK JAMES W. CLARK,
Claimant-Appellant, Supreme Court Docket No. 40016-2012 Industrial Commission No. 2008-013505 v. AGENCY'S RECORD CRY BABE FOODS, LLC, Employer Volume 7
Defendant,
and
IDAHO STATE INSURANCE FUND, Surety,
Defendant-Respondent.
BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO
Claimant!Appellant Pro Se: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, WA 98660
Defendant/Respondent: IDAHO STATE INSURANCE FUND
Attorneys for Defendant/Respondent(s): ALANK. HULL RACHAEL O'BAR PO BOX 7426 BOISE ID 83707-7426
AGENCY'S RECORD - Volume 7 (Re: James Clark Docket #40016) BEFORE THE SUPREME COURT OF THE STATE OF IDAHO
JAMES W. CLARK,
Claimant-Appellant, Supreme Court Docket No. 40016-2012 Industrial Commission No. 2008-013505 v. AGENCY'S RECORD CRY BABE FOODS, LLC, Employer Volume 7
Defendant,
and
IDAHO STATE INSURANCE FUND, Surety,
Defendant-Respondent.
BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO
Claimant!Appellant Pro Se: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, W A 98660
Defendant/Respondent: IDAHO STATE INSURANCE FUND
Attorneys for Defendant/Respondent(s): ALANK. HULL RACHAEL O'BAR PO BOX 7426 BOISE ID 83707-7426
AGENCY'S RECORD - Volume 7 (Re: James Clark Docket #40016) TABLE OF CONTENTS
LIST OF EXHIBITS ...... (i)
VOLUMEl
WORKERS' COMPENSATION COMPLAINT, filed July 2,2008 ...... 1, VI
CERTIFICATE OF SERVICE OF WORKERS' COMPENSATION COMPLAINT, filed July 9, 2008 ...... 4, VI
AMENDED CERTIFICATE OF SERVICE OF WORKERS' COMPENSATION COMPLAINT, filed July 11, 2008 ...... 5, VI
ANSWER TO COMPLAINT, filed July 28, 2008 ...... 7, VI
CERTIFICATE OF SERVICE (Claimant's 2 letters filed August 5, 2008), filed August 5,2008 ...... 9, VI
CLAIMANT'S ANSWER TO ANSWER TO COMPLAINT, Dated August 1, 2008, (handwritten - 2 pages), filed August 5, 2008 ...... 10, VI
CLAIMANT'S REQUEST FOR CALENDARING, Dated August 1,2008, (handwritten - 2 pages), filed August 5, 2008 ...... 12, VI
NOTICE TO THE PARTIES, filed August 6, 2008 ...... 14, VI
DEFENDANTS' NOTICE OF SUBSTITUTION OF COUNSEL, filed August 6,2008 ...... 15, VI
DEFENDANTS' NOTICE OF FILING, filed August 15,2008 ...... 17, VI
DEFENDANTS' OBJECTION TO REQUEST FOR CALENDARING, filed August 15,2008 ...... 19, VI
ORDER ON CALENDARING, filed August 21,2008 ...... 21, VI
CERTIFICATE OF SERVICE (Order on Calendaring), filed August 22,2008 ...... 23, VI
LETTER FROM CLAIMANT RE SERVICE OF DOCUMENTS AND LETTERS TO ALAN HULL, Dated September 8, 2008, (handwritten 1 page, copy 1 page), filed September 9, 2008 ...... 24, VI
LETTER FROM CLAIMANT RE SERVICE OF REQUEST FOR DOCUMENTS AND THINGS AND INTERROGATORIES TO DEFENDANTS, Dated September 5, 2008, (handwritten - 1 page), filed September 9,2008 ...... 26, VI
LETTER FROM CLAIMANT TO THE IDAHO INDUSTRIAL COMMISSION RE REQUEST FOR AWARD OF $250,000, Dated September 5, 2008, (handwritten - 5 pages), filed September 9, 2008 ...... 27, VI
LETTER FROM CLAIMANT TO MR. HULL RE REQUEST FOR AWARD OF $250,000, Dated September 5, 2008, (handwritten - 3 pages) filed September 9, 2008 ...... 32, VI
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark)-l LETTER FROM CLAIMANT RE REQUEST FOR INDUSTRIAL COMMISSION TO REVIEW ALL DOCUMENTS RECEIVED FROM MR. HULL ATTORNEY FOR IDAHO STATE INSURANCE FUND and REQUEST FOR HEARING, Dated August 22,2008 (handwritten - 2 pages) filed September 9,2008 ...... 35, VI
LETTER FROM CLAIMANT RE REQUEST FOR (PRODUCTION OF DOCUMENTS AND THINGS TO CLAIMANT), Dated August 22,2008, (handwritten 1 page w/attachments), filed September 9, 2008 ...... 37, VI
LETTER FROM CLAIMANT RE REQUEST FOR INTERROGATORIES TO CLAIMANT, Dated August 22,2008, (handwritten - 1 page w/attachments) filed September 9, 2008 ...... 42, VI
LETTER FROM CLAIMANT RE RESPONSE OR REQUEST FOR SIGNATURE FOR "MEDICAL RELEASE", Dated August 22,2008, (handwritten - 1 page w/attachments), filed September 9, 2008 ...... 52, VI
LETTER FROM CLAIMANT RE "FACTS", Dated August 22, 2008, (handwritten 4 pages), filed September 9, 2008 ...... 62, V1
EXHIBITS TO BE PRODUCED AT HEARING ON COMPLAINT FILED JULY 9, 2008, Dated August 22,2008, (Claimant's handwritten - 2 pages w/attachments), filed September 9, 2008 ...... 66, VI
CERTIFICATE OF SERVICE (Claimant's Letters and Discovery), filed September 10, 2008 ...... 86, VI
DEFENDANTS' REQUEST FOR TELEPHONIC STATUS CONFERENCE, Filed September 11, 2008 ...... 87, VI
DEFENDANTS' MOTION TO COMPEL DISCOVERY AND EXECUTION OF MEDICAL AND ADMINISTRATIVE RECORDS RELEASES, filed September 24,2008 ...... 89, VI
DEFENDANTS' MEMORANDUM IN SUPPORT OF MOTION TO COMPEL, filed September 24, 2008 ...... 92, VI
DEFENDANTS' AFFIDAVIT OF COUNSEL IN SUPPORT OF MOTION TO COMPEL, Filed September 24, 2008 ...... 103, VI
ORDER ON MOTION TO COMPEL AND SETTING A DEADLINE FOR CLAIMANT TO OBTAIN LEGAL COUNSEL AND NOTICE OF TELEPHONE CONFERENCE, Filed October 2, 2008 ...... 164, VI
CLAIMANT'S REQUEST FOR CONTINUANCE TO HIRE ATTORNEY, Dated October 15,2008, (handwritten - 1 page), filed October 15, 2008 ...... 166, VI
CERTIFICATE OF SERVICE (Claimant's Letter Requesting Continuance), Filed October 16, 2008 ...... 167, VI
ORDER ON REQUEST FOR CONTINUANCE AND CANCELLING TELEPHONE CONFERENCE, filed October 17, 2008 ...... 168, VI
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark) - 2 CLAIMANT'S REQUEST FOR DISMISSAL OF COMPLAINT WITHOUT PREJUDICE, Dated October 17, 2008, (handwritten - 1 page), filed October 17, 2008 ...... 169, VI
CERTIFICATE OF SERVICE (Claimant's Request for Dismissal of complaint), filed October 17, 2008 ...... 170, VI
DEFENDANTS' RESPONSE TO CLAIMANT'S LETTERS TO THE COMMISSION, filed October 20, 2008 ...... 171, VI
LETTER FROM CLAIMANT TO MS. OWEN, IDAHO STATE INSURANCE FUND, Dated November 3, 2008, (handwritten - 4 pages faxed), filed November 3,2008 ...... 173, VI
CERTIFICATE OF SERVICE (Claimant's Faxed Letter), filed November 4,2008 ...... 178, VI
ORDER DISMISSING COMPLAINT, filed November 26, 2008 ...... 179, VI
LETTERS FROM CLAIMANT, filed December 3, 2008 ...... 181, VI • To Referee Requesting hearing, Dated November 29,2008, (handwritten - 2 pages) • To Referee Requesting Hearing, Dated November 30,2008, (handwritten - 3 pages) • To Referee Requesting Production of Documents at Show Cause Hearing, Dated November 30, 2008, (handwritten - 1 page) • To Ms. Burke Requesting Forwarding of Show Cause Hearing Requests, (handwritten - 1 page), Dated December 1, 2008 • To Referee Requesting Show Cause, Dated December 1, 2008, (handwritten - 1 page) • To Referee Requesting Show Cause Hearing, Dated December 1, 2008, (handwritten - 2 pages) • To Referee Regarding Clarification of Phrase, undated, (handwritten - 1 page) • To Referee Re Medical Bills, undated, (handwritten - 1 page with attachments)
CERTIFICATE OF SERVICE (Claimant's Letters (18 pages) filed December 3, 2008), filed December 4, 2008 ...... 199, VI
VOLUME 2
LETTER FROM CLAIMANT TO MRS. OWEN REQUESTING DOCUMENTS, Dated December 3,2008, (handwritten - 1 page), filed December 4, 2008 ...... 200, V2
LETTER FROM CLAIMANT TO DENNIS BURKS REQUESTING MEDIATION, Dated December 3,2008, (handwritten - 1 page), filed December 4,2008 ...... 201, V2
CERTIFICATE OF SERVICE (Claimant's letter filed December 4,2008), filed December 4, 2008 ...... 203, V2
DEFENDANTS' RESPONSE TO CLAIMANT'S LETTERS FILED DECEMBER 3, 2008 AND RESPONSE TO REQUEST FOR CALENDARING, filed December 11,2008 ...... 204, V2
LETTER FROM CLAIMANT REQUESTING STATUS CONFERENCE, Dated December 29, 2008, (handwritten - 1 page), filed December 29,2008 ...... 208, V2
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark) - 3 LETTER FROM CLAIMANT REQUESTING HEARING, Dated December 29, 2008, (handwritten - 1 page), filed December 29, 2008 ...... 209, V2
CERTIFICATE OF SERVICE (Claimant's letters faxed/filed December 29,2008), Filed December 31, 2008 ...... 210, V2
WORKERS' COMPENSATION COMPLAINT FILED BY EMPLOYER AND SURETY, filed January 6, 2009 ...... 211, V2
DEFENDANTS' REQUEST FOR HEARING, filed January 6, 2009 ...... 213, V2
NOTICE OF HEARING, filed January 13, 2009 ...... 217, V2
DEFENDANTS' SECOND MOTION TO COMPEL DISCOVERY AND EXECUTION OF MEDICAL AND ADMINISTRATIVE RECORDS RELEASES, filed January 6, 2009 ...... 219, V2
CLAIMANT'S LETTER TO MS. OWENS REQUESTING MEDICAL RECORDS, Dated January 12,2009, (handwritten - 1 page), filed January 12,2009 ...... 222, V2
CERTIFICATE OF SERVICE (Claimant's letter dated January 12,2009), Filed January 13, 2009 ...... 224, V2
CLAIMANT'S MOTION TO REVISE SHOW CAUSE HEARING, Dated January 14,2009, (handwritten - 1 page with attachments), filed January 14,2009 ...... 225, V2
CERTIFICATE OF SERVICE (Claimant's Motion to Revise Show Cause Hearing with attachments), filed January 15, 2009 ...... 229, V2
CLAIMANT'S LETTER REQUESTING TO REVISE SHOW CAUSE HEARING, Dated January 15,2009, (handwritten - 1 page w/attachment), filed January 20, 2009 ...... 230, V2
CLAIMANT'S LETTER REQUESTING REFILING OF COMPLAINT, Dated January 16, 2009, (handwritten - 1 page), filed January 20, 2009 ...... 232, V2
CLAIMANT'S LETTER REGARDING VIOLATION OF RULES BY STATE FUND, Dated January 17,2009, (handwritten - 3 pages), filed January 20,2009 ...... 233, V2
CLAIMANT'S LETTER TO DEFENDANTS REGARDING OFFER OF SETTLEMENT, Dated January 18, 2009, (handwritten - 5 pages), filed January 20, 2009 ...... 236, V2
CLAIMANT'S LETTER RE REQUEST FOR MEDIATION HEARING, Dated January 19, 2009, (handwritten -1 page), filed January 20, 2009 ...... 241, V2
CERTIFICATE OF SERVICE (Claimant's letters filed January 20, 2009), filed January 21, 2009 ...... 242, V2
CLAIMANT'S LETTER WITHDRAWING PROPOSED SETTLEMENT, Dated January 22, 2009, (handwritten - 1 page), filed January 22, 2009 ...... 243, V2
CERTIFICATE OF SERVICE (Claimant's letter filed January 22, 2009), Filed January 22, 2009 ...... 244, V2
TABLE OF CONTENTS (S.c. # 40016-2012 RE: James Clark) - 4 DEFENDANTS' RESPONSE TO CLAIMANT'S SECOND REQUEST FOR MEDIATION, Filed January 22, 2009 ...... 245, V2
CLAIMANT'S MEMORANDUM IN SUPPORT OF MOTION TO COMPEL, (handwritten - 15 pages), filed January 26, 2009 ...... 247, V2
CERTIFICATE OF SERVICE (Claimant's Memorandum in Support of Motion to Compel), Filed January 26, 2009 ...... 262, V2
ORDER ON MOTION TO COMPEL AND OTHER MATTERS, filed February 6,2009 ...... 263, V2
CLAIMANT'S LETTER TO DEFENDANTS REQUESTING COPIES OF MEDICAL PROVIDER, Dated February 6, 2009, (handwritten - 1 page), filed February 6,2009 ...... 266, V2
CLAIMANT'S DOCUMENTS, (14 pages) filed February 9, 2009 ...... 267, V2
CERTIFICATE OF SERVICE (Claimant's document filed February 6,2009), Filed February 10, 2009 ...... 281, V2
CERTIFICATE OF SERVICE (Claimant's documents filed February 9, 2009), Filed February 10, 2009 ...... 282, V2
DEFENDANTS' OBJECTION TO CLAIMANT'S REQUEST FOR ADDITIONAL TIME TO PROVIDE SIGNED RELEASED AND DISCOVERY RESPONSES, filed February 11, 2009 ...... 283, V2
CLAIMANT'S LETTER TO DEFENDANTS REQUESTING DOCUMENT AND MEDICAL RELEASES, Dated February 12,2008, (handwritten - 1 page), filed February 12, 2009 ...... 286, V2
CERTIFICATE OF SERVICE (Claimant's document filed February 12,2009), Filed February 12, 2009 ...... 287, V2
CLAIMANT'S LETTER REQUESTING EXTENSION OF TIME TO RESPOND, Dated February 12,2009, (handwritten - 2 pages), filed February 12, 2009 ...... 288, V2
CERTIFICATE OF SERVICE (Claimant's document filed February 12,2009), filed February 13, 2009 ...... 290, V2
DEFENDANTS' OBJECTION TO CLAIMANT'S SECOND REQUEST FOR ADDITIONAL TIME TO PROVIDE SIGNED RELEASES AND DISCOVERY RESPONSES FILED FEBRUARY 12,2009, filed February 13, 2009 ...... 291, V2
CLAIMANT'S LETTER TO DEFENDANTS REGARDING PHONE CONVERSATION OF FEBRUARY 13,2009, Dated February 13,2009, (handwritten - 2 pages), Filed February 13, 2009 ...... 295, V2
CLAIMANT'S LETTER TO DEFENDANTS REGARDING PHONE CONVERSATION OF FEBRUARY 13,2009, Dated February 13, 2009, (handwritten - 2 pages), filed February 17, 2009 ...... 297, V2
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark) - 5 CERTIFICATE OF SERVICE (Claimant's documents filed February 13 and 17,2009), Filed February 17, 2009 ...... 299, V2
CLAIMANT'S LETTER REGARDING INABILITY TO RESPOND, Dated February 16, 2008, (handwritten - 1 page), filed February 17, 2009 ...... 300, V2
CERTIFICATE OF SERVICE (Claimant's another document filed February 17,2009), Filed February 17, 2009 ...... 301, V2
ANOTHER ORDER, filed February 17, 2009 ...... 302, V2
CLAIMANT'S DOCUMENTS, filed February 20, 2012 ...... 304, V2 • Re West Valley Medical Center Authorization for Release, Dated February 18, 2009, (handwritten - 1 page with attached original miscellaneous Authorizations) • Response to Defendants' Interrogatories to Claimant, Dated February 18,2009, (handwritten - 6 pages) • Response to Defendants' Request for Production of Documents and Things, Dated February 18, 2009, (handwritten - 3 pages)
CERTIFICATE OF SERVICE (Claimant's documents filed February 20, 2009), Filed February 23, 2009 ...... 332, V2
DEFENDANTS' MOTION FOR SANCTIONS, filed February 25, 2009 ...... 333, V2
CLAIMANT'S RESPONSE TO DEFENDANTS' REQUEST FOR SANCTIONS, (4 pages) filed February 27, 2009 ...... 363, V2
CERTIFICATE OF SERVICE (Claimant's documents filed February 27, 2009), Filed February 27, 2009 ...... 367, V2
DEFENDANTS' NOTICE OF EXCHANGE OF EXHIBITS AND DISCLOSURES PURSUANT TO RULE 10, filed February 27, 2009 ...... 368, V2
DEFENDANTS' MOTION TO ALLOW HEARING TESTIMONY VIA TELEPHONE and MOTION TO SHORTEN TIME, filed February 27, 2009 ...... 373, V2
CLAIMANT'S DOCUMENTS, filed March 2, 2009 ...... 379, V2 • Request for Subpoenas, dated February 28,2009, (handwritten - 3 pages with attachments) • Objection to Defendant's Witness List, dated February 28, 2009, (handwritten - 2 pages)
CERTIFICATE OF SERVICE (Claimant'S documents filed March 2, 2009), filed March 2, 2009 ...... 396, V2
NOTICE OF PRE-HEARING TELEPHONE CONFERENCE, filed March 2,2009 ...... 397, V2
VOLUME 3
DEFENDANTS' OBJECTION TO SUBPOENA, filed March 3, 2009 ...... 398, V3
TABLE OF CONTENTS (S.c. # 40016-2012 RE: James Clark) - 6 AMENDED NOTICE OF TELEPHONE CONFERENCE, filed March 3, 2009 ...... 407, V3
ORDER ON MOTIONS AND ORDER VACATING HEARING, filed March 5,2009 ...... 408, V3
CLAIMANT'S LETTER TO REFEREE DATED APRIL 26,2009, (handwritten - 5 pages), filed April 27, 2009 ...... 410, V3
CERTIFICATE OF SERVICE (Claimant's document filed April 27, 2009), filed April 27, 2009 ...... 415, V3
DEFENDANTS' RESPONSE TO CLAIMANT'S FILING OF APRIL 27, 2009, filed May 7, 2009 ...... 416, V3
CLAIMANT'S MOTION TO MOVE FORWARD TO IDAHO STATE SUPREME COURT OF APPEAL, (handwritten - 5 pages), filed June 2, 2009 ...... 447, V3
CLAIMANT'S ORDER OF MOTION TO ALLOW FACTS & DOCUMENT TO BE PUT ON RECORD THAT ARE RELEVANT TO THE OUTCOME OF MY CASE, (handwritten - 5 pages), filed June 2, 2009 ...... 452, V3
CERTIFICATE OF SERVICE (Claimant's documents filed June 2, 2009), filed June 2, 2009 ...... 457, V3
ORDER ON CLAIMANT'S MOTION TO MOVE FORWARD, filed June 3, 2009 ...... 458, V3
CLAIMANT'S ORDER OF MOTION TO CASE AND DESIST, (handwritten - 5 pages), Filed June 5, 2009 ...... 460, V3
CERTIFICATE OF SERVICE (Claimant's document filed June 5, 2009), filed June 5, 2009 ...... 465, V3
DEFENDANT'S RESPONSE TO CLAIMANT'S DOCUMENTS FILED JUNE 2, 2009 and J1JNE 5, 2009, filed June 10, 2009 ...... 466, V3
ORDER ON MOTION TO CEASE AND DESIST AND TO NOTICE OF INTENT TO RECOMMEND DISMISSAL, filed June 10,2009 ...... 471, V3
DEFENDANTS' LETTER TO CLAIMANT VIA FIRST CLASS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED, Dated June 12, 2009, filed June 12,2009 ...... 473, V3
DEFENDANTS' LETTER TO REFEREE, dated June 12,2009, filed June 12,2009 ...... 509, V3
CLAIMANT'S LETTERS, filed June 15,2009 ...... 51 0, V3 • To Commission, (handwritten - 5 pages) • To Defendants, dated June 15,2009, (handwritten - 2 of 3 pages)
CERTIFICATE OF SERVICE (Claimant's document filed June 15,2009), filed June 15, 2009 ...... 517, V3
CLAIMANT'S LETTER PAGE 3 OF 3, (handwritten-l page), filed June 15,2009 ...... 518, V3
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark) - 7 CERTIFICATE OF SERVICE (Additional Claimant's document filed June 15,2009), Filed June 15, 2009 ...... 519, V3
DEFENDANTS' LETTER TO CLAIMANT VIA FIRST CLASS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED, Dated June 15,2009, filed June 15,2009 ...... 520, V3
DEFENDANTS' LETTER TO CLAIMANT VIA FIRST CLASS CERTIFIED MAIL RETURN RECEIPT REQUESTED, Dated June 16,2009, filed June 16,2009 ...... 522, V3
CLAIMANT'S MOTION TO RECONSIDER, (handwritten - 1 page), filed June 23, 2009 ...... 523, V3
CERTIFICATE OF SERVICE (Claimant's Motion to Reconsider filed June 23, 2009), Dated June 24, 2009 ...... 524, V3
NOTICE OF INTENT TO RECOMMEND DISMISSAL, FILED June 29, 2009 ...... 525, V3
CLAIMANT'S RESPONSE TO NOTICE OF INTENT TO RECOMMEND DISMISSAL FILED JUNE 29, 2009 WITH THE INDUSTRIAL COMMISSION, (handwritten- 7 pages with attachments), filed July 14, 2009 ...... 527, V3
CERTIFICATE OF SERVICE (Claimant's documents filed July 14,2009), Filed July 14, 2009 ...... 538, V3
CLAIMANT'S LETTER TO DEFENDANTS' REGARDING SETTLEMENT, Dated July 27,2009, (handwritten - 11 pages), filed July 27,2009 ...... 539, V3
CERTIFICATE OF SERVICE (Claimant's documents filed July 27, 2009), Filed July 27, 2009 ...... 551, V3
ORDER DISMISSING COMPLAINT, filed July 28, 2009 ...... 552, V3
CLAIMANT'S RESPONSE TO JULY 28, 2009 OF ORDER DISMISSING COMPLAINT BY INDUSTRIAL COMMISSION MOTION TO RECONSIDER, Dated August 3, 2009, (handwritten - 10 pages), Filed August 3, 2009 ...... 554, V3
CLAIMANT'S MOTION TO ORDER CONTINUE MEDICAL TREATMENT, dated August 3, 2009, (handwritten - 2 pages with attachments), filed August 3,2009 ...... 564, V3
CERTIFICATE OF SERVICE (Claimant's Motion to Reconsider filed August 3,2009), Filed August 4, 2009 ...... 573, V3
CERTIFICATE OF SERVICE (Claimant's Motion to Order Continue Medical Treatment filed August 3, 2009), filed August 4,2009 ...... 574, V3
CLAIMANT'S (AMENDED) WORKERS' COMPENSATION COMPLAINT (20 pages), filed August 4, 2009 ...... 575, V3
CERTIFICATE OF SERVICE (Claimant's Amended Complaint filed August 4,2009), Filed August 4, 2009 ...... 595, V3
TABLE OF CONTENTS (S.c. # 40016-2012 RE: James Clark) - 8 CLAIMANT'S MOTION TO CONSIDER ALL RECORDS RECEIVED FROM IDAHO DEPARTMENT OF CORRECTION DEEMED MOOT, (handwritten - 4 pages), filed August 4, 2009 ...... 596, V3
VOLUME 4
CERTIFICATE OF SERVICE (Claimant's Documents filed August 4,2009), filed August 5, 2009 ...... 600, V4
CLAIMANT'S WITNESS LIST, (handwritten - 4 pages), filed August 5,2009 ...... 601, V4
CERTIFICATE OF SERVICE (Claimant's documents filed August 5, 2009), filed August 5, 2009 ...... 605, V4
CLAIMANT'S MOTION TO PRODUCE DOCUMENTS AND THINGS, (handwritten - 3 pages), Filed August 5, 2009 ...... 606, V4
CERTIFICATE OF SERVICE (Claimant's document filed August 5,2009), filed August 6, 2009 ...... 609, V 4
CLAIMANT'S LETTER TO MS. OWEN, Dated August 18, 2009, (handwritten - 1 page), Filed August 18, 2009 ...... 610, V4
ANOTHER CERTIFICATE OF SERVICE (Claimant's document filed August 18,2009), filed August 18, 2009 ...... 611, V4
CLAIMANT'S WITNESS LIST, (handwritten - 1 page), filed August 18,2009 ...... 612, V4
CERTIFICATE OF SERVICE (Claimant's document filed August 18,2009), filed August 18, 2009 ...... 613, V4
CLAIMANT'S LETTER TO MS. OWEN, Dated August 21,2009, (handwritten - 1 page), Filed August 21, 2009 ...... 614, V4
CERTIFICATE OF SERVICE (Claimant's document filed August 21,2009), filed August 21, 2009 ...... 615, V4
CLAL\1ANT'S LETTER TO MS. OWEN REGARDING ADDITIONAL WITNESS, (handwritten - 1 page), filed August 24, 2009 ...... 616, V4
CERTIFICATE OF SERVICE (Claimant's document filed August 24,2009), filed August 25, 2009 ...... 617, V4
DEFENDANTS' LETTER TO CLAIMANT VIA FIRST CLASS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED, Dated August 25,2009, filed August 25,2009 ...... 618, V4
DEFENDANTS' ANSWER TO AMENDED COMPLAINT, filed August 25, 2009 ...... 619, V4
DEFENDANTS' AMENDED ANSWER TO AMENDED COMPLAINT, filed August 26, 2009 ...... 621, V4
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark) - 9 DEFENDANTS' OBJECTION TO CLAIMANT'S AUGUST 3,2009 THROUGH AUGUST 24, 2009 FILINGS AND RESPONSE TO MOTION TO RECONSIDER, filed August 28,2009 ...... 623, V4
CLAIMANT'S RESPONSE TO DEFENDANTS' RESPONSE OF NEW COMPLAINT, (handwritten - 11 pages), filed August 31, 2009 ...... 649, V4
CERTIFICATE OF SERVICE (Claimant's Document filed August 31,2009), filed August 31, 2009 ...... 660, V 4
CLAIMANT'S REQUEST FOR COMPLAINT TO BE HANDED TO COURT OF APPEAL TO BE HEARD FOR RECONSIDERATION, Dated September I, 2009 (handwritten - 7 pages), filed September 1, 2009 ...... 661, V 4
CERTIFICATE OF SERVICE (Claimant's document filed September 1,2009), filed September 1, 2009 ...... 668, V4
CLAIMANT'S COVER PAGE AND REQUEST TO ADD WITNESS, Dated August 8, 2009, (handwritten - 2 pages), filed September 8, 2009 ...... 669, V4
CLAIMANT'S OBJECTION TO DEFENDANTS' AUGUST 28, 2009 FILING AND RESPONSES TO MOTION TO RECONSIDER, Dated September 7, 2009, (handwritten - 2 pages), filed September 8, 2009 ...... 671, V4
CLAIMANT'S MOTION TO CEASE AND DESIST, Dated September 7,2009, (handwritten - 5 pages), filed September 8, 2009 ...... 673, V 4
CLAMANT'S REQUEST FOR DOCUMENTS, Dated September 8,2009, (handwritten - 1 page), filed September 8, 2009 ...... 678, V4
CERTIFICATE OF SERVICE (Claimant's documents filed September 8, 2009), filed September 8, 2009 ...... 679, V4
CERTIFICATE OF SERVICE (Claimant's legal file), filed October 2,2009 ...... 680, V4
CLAIMANT'S EVIDENCE AND EXHIBITS with PHOTOS, Dated November 3,2009, (handwritten - 1 page with 2 photos), filed November 6,2009 ...... 681, V4
CERTIFICATE OF SERVICE (Claimant's letter regarding evidence and exhibits, filed November 6,2009), filed November 10,2009 ...... 684, V4
CLAIMANT'S MOTION FOR INDUSTRIAL COMMISSION TO FORWARD COMPLAINT TO THE COURT OF APPEAL FOR RECONSIDERATION, Dated November 10,2009, (handwritten - 2 pages), filed November 10, 2009 ...... 685, V4
CERTIFICATE OF SERVICE (Claimant's general motion regarding forwarding the reconsideration to a court of appeal, filed November 12, 2009), filed November 12,2009 ...... 687, V4
CLAIMANT'S MOTION TO CONTINUE TRANSPORTATION, Dated November 12,2009, (handwritten - 4 pages), filed November 12,2009 ...... 688, V4
TABLE OF CONTENTS (S.c. # 40016-2012 RE: James Clark) -10 CERTIFICATE OF SERVICE (Claimant's general motion to continue transportation, filed November 12, 2009) filed November 13, 2009 ...... 692, V4
CLAIMANT'S ADDITION TO MOTION TO GET CONTINUED TRANSPORTATION, (handwritten-l page), filed November 13, 2009 ...... 693, V4
CERTIFICATE OF SERVICE (Claimant's addition to the motion to continue transportation, filed November 13,2009), filed November 13, 2009 ...... 694, V4
STIPULATION REGARDING CONTINUATION OF BENEFITS, filed November 13,2009 ...... 695, V4
CLAIMANT'S MOTION FOR DOCUMENTS AND THINGS, (handwritten - 1 page), filed November 13, 2009 ...... 698, V4
CERTIFICATE OF SERVICE (Claimant's general motion for documents and things, filed November 13, 2009), filed November 16, 2009 ...... 699, V 4
CLAIMANT'S NOTICE OF COMPLIANCE, Dated November 15,2009, (handwritten- 1 page with attachments), filed November 16, 2009 ...... 700, V4
CERTIFICATE OF SERVICE (Claimant's compliance with signing medical releases, filed November 16,2009), filed November 16, 2009 ...... 703, V 4
CLAIMANT'S LETTER TO MS. OWEN REGARDING PSYCHIATRIC EVALUATION, Dated November 17,2009, (handwritten - 2 pages), filed November 17,2009 ...... 704, V4
CERTIFICA TE OF SERVICE (Claimant's letter regarding psychiatric evaluation, filed November 17, 2009), filed November 18, 2009 ...... 706, V 4
ORDER REGARDING RECONSIDERATION AND ADDITIONAL FILINGS, filed November 18, 2009 ...... 707, V 4
ORDER APPROVING STPULATION, filed November 18, 2009 ...... 713, V4
CLAIMANT'S NOTICE REGARDING COMMISSION'S ORDER, (handwritten - 1 page), filed November 19, 2009 ...... 715, V4
CERTIFICATE OF SERVICE (Claimant's document filed November 19, 2009), filed November 24, 2009 ...... 716, V4
ORDER TO CLARIFY, filed December 23, 2009 ...... 717, V4
CLAIMANT'S REQUESTING CLARIFICATION OF ORDER TO CLARIFY FILED DECEMBER 23, 2009, (handwritten - 7 pages), filed December 28, 2009 ...... 719, V 4
CERTIFICA TE OF SERVICE (Claimant's document filed December 28,2009), filed December 29, 2009 ...... 726, V4
DEFENDANTS' REQUEST FOR TELEPHONIC STATUS CONFERENCE, filed January 8, 2010 ...... 727, V 4
TABLE OF CONTENTS (S.c. # 40016-2012 RE: James Clark) - 11 NOTICE OF APPEARANCE (LUKER), FILED January 11, 2010 ...... 732, V4
CLAIMANT'S RESPONSE TO DEFENDANTS' REQUEST FOR TELEPHONE CONFERENCE, filed February 10, 2010 ...... 734, V4
NOTICE OF TELPHONE CONFERENCE, filed February 25, 2010 ...... 738, V 4
DEFENDANTS' MOTION TO VACATE TELEPHONE CONFERENCE, filed March 3, 2010 ...... 739, V 4
LUKER'S LETTER TO WHOM IT MAY CONCERN REGARDING MOTION TO VACATE TELEPHONE CONFERENCE, Dated March 5, 2010, filed March 8, 2010 ...... 741, V4
NOTICE CANCELLING TELEPHONE CONFERENCE, filed March 11,2010 ...... 742, V4
CLAIMANT'S NOTICE OF SERVICE OF DISCOVERY, filed March 15,2010 ...... 743, V4
CERTIFICATE OF SERVICE (Notice of Cancelling Telephone Conference filed March 11,2010), filed March 17, 2010 ...... 744, V4
CLAIMANT'S MOTION TO AMEND COMPLAINT, FILED June 18,2010 ...... 745, V4
CLAIMANT'S REQUEST FOR HEARING, filed June 18, 2010 ...... 749, V4
NOTICE TO THE PARTIES, filed June 21, 2010 ...... 752, V4
DEFENDANTS' RESPONSE TO REQUEST FOR HEARING, filed June 25,2010 ...... 753, V4
NOTICE OF HEARING, filed June 30, 2010 ...... 756, V4
DEFENDANTS' NOTICE OF FILING, filed August 12, 2010 ...... 758, V4
DEFENDANTS' NOTICE OF FILING, filed August 26, 2010 ...... 760, V4
DEFENDANTS' NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION (JAMES CLARK), filed October 6, 2010 ...... 762, V4
DEFENDANTS' AMENDED NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION (JAMES CLARK), filed October 7, 2010 ...... 765, V4
CLAIMANT'S NOTICE OF SERVICE OF DISCOVERY, filed October 13,2010 ...... 768, V4
VOLUMES
DEFENDANTS' AFFIDAVIT OF COUNSEL IN SUPPORT OF SECOND MOTION TO ALLOW HEARING TESTIMONY VIA TELEPHONE, filed November 4,2010 ...... 769, V5
DEFENDANTS' AFFIDAVIT OF JEWEL OWEN IN SUPPORT OF SECOND MOTION TO ALLOW HEARING TESTIMONY VIA TELEPHONE, filed November 4,2010 ...... 811, V5
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark) -12 DEFENDANTS' SECOND MOTION TO ALLOW HEARING TESTIMONY VIA TELEPHONE AND MOTION TO SHORTEN TIME, filed November 4, 2010 ...... 815, V5
DEFENDANTS' NOTICE OF SERVICE OF JOINT HEARING EXHIBITS PURSUANT TO J.R.P. 10, filed November 5, 2010 ...... 820, V5
NOTICE OF TELEPHONE CONFERENCE, filed November 5,2010 ...... 823, V5
CLAIMANT'S RESPONSE TO DEFENDANT'S SECOND MOTION TO ALLOW TESTIMONY VIA TELEPHONE, filed November 8, 2010 ...... 824, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (DOUG CRUM, C.D.M.S.), filed November 8, 2010 ...... 826, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (CRAIG BEAVER, PH.D.), filed November 8, 2010 ...... 828, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (l HARRISON WHITCOMB, LCSW), filed November 8, 2010 ...... 830, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (SI STEINBERG, M.D.), filed November 8, 2010 ...... 832, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (RICHARD WILSON, M.D.), filed November 8, 2010 ...... 834, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (ERIC HOLT, M.D.), filed November 8, 2010 ...... 836, V5
DEFENDANTS' NOTICE OF FILING, filed November 8, 2010 ...... 838, V5
DEFENDANTS' NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION (LARRY ROBB), filed November 9, 2010 ...... 840, V5
DEFENDANTS' NOTICE OF FILING, filed November 9, 2010 ...... 843, V5
ORDER ON MOTION, filed November 1 0, 2010 ...... 845, V5
DEFENDANTS' FIRST SUPPLEMENTAL NOTICE OF SERVICE OF JOINT HEARING EXHIBITS PURSUANT TO lR.P. 10, filed November 12,2010 ...... 846, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (ROBERT HANSON, M.D.), filed November 12,2010 ...... 848, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (JAMES MORLAND, M.D.), filed November 12,2010 ...... 850, V5
DEFENDANTS' NOTICE OF FILING, filed November 16, 2010 ...... 852, V5
TABLE OF CONTENTS (S.c. # 40016-2012 RE: James Clark) - 13 DEFENDANTS' SECOND SUPPLEMENTAL NOTICE OF SERVICE OF JOINT HEARING EXHIBITS PURSUANT TO 1.R.P. 10, filed November 17,2010 ...... 854, V5
DEFENDANTS' NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINA TION (ROBERT HANSON, M.D.), filed November 30,2010 ...... 856, V5
DEFENDANTS' NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (RICHARD WILSON, M.D.), filed November 30,2010 ...... 859, V5
DEFENDANTS' NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAM INA TION (CRAIG BEAVER, PH.D.), filed November 30,2010 ...... 862, V5
DEFENDANTS' NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (JEWEL OWEN), filed December 7, 2010 ...... 865, V5
DEFENDANTS' AMENDED NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (RICHARD WILSON, M.D.), filed December 8, 2010 ...... 869, V5
DEFENDANTS' AMENDED NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (CRAIG BEAVER, PH.D.), filed December 8, 2010 ...... 872, V5
DEFENDANTS' NOTICE OF TAKING TELEPHONIC POST-HEARING DEPOSITION UPON ORAL EXAMINATION (ERIC HOLT, M.D.), filed December 13, 2010 ...... 875, V5
DEFENDANTS' NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (1. HARRISON WHITCOMB, LCSW), filed December 13, 2010 ...... 878, V5
DEFENDANTS' AMENDED NOTICE OF TAKING TELEPHONIC POST-HEARING DEPOSITION UPON ORAL EXAMINATION (ERIC HOLT, M.D.), filed December 14, 201 0 ...... 881, V5
CLAIMANT'S OBJECTION AND MOTION TO QUASH DEFENDANTS' TELEPHONIC DEPOSITION OF DR. ERIC HOLT, filed December 16,2010 ...... 884, V5
AFFIDAVIT OF LYNN M LUKER IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL, filed December 20, 2010 ...... 886, V5
MOTION TO WITHDRAW AS COlJNSEL (LUKER), filed December 20, 2010 ...... 888, V 5
ORDER GRANTING WITHDRAWAL OF ATTORNEY, filed December 21, 2010 ...... 890, V5
DEFENDANTS' NOTICE OF VACATING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (1. HARRISON WHITCOMB, LCSW), filed December 21, 2010 ...... 892, V5
DEFENDANTS' NOTICE OF VACATING TELEPHONIC POST-HEARING DEPOSITION UPON ORAL EXAMINATION (ERIC HOLT, M.D.), filed December 21,2010 ...... 895, V5
NOTICE TO VACATE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (CRAIG BEAVER, PH.D.), filed December 21,2010 ...... 898, V5
TABLE OF CONTENTS (S.c. # 40016-2012 RE: James Clark) - 14 NOTICE TO VACATING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (RICHARD WILSON, M.D.), filed December 21,2010 ...... 901, V5
CERTIFICATE OF SERVICE (Claimant's legal file and exhibits from Attorney Luker for Claimant), filed December 22, 201 0 ...... 904, V5
CERTIFICATE OF SERVICE (Hearing transcript to Hull), filed December 22,2010 ...... 905, V5
CERTIFICATE OF SERVICE (Hearing transcript to Claimant, pro se), filed December 22, 2010 ...... 906, V5
AFFIDAVIT OF L ThTN M LUKER CONFIRMING SERVICE OF COMMISSION ORDER GRANTING WITHDRAWAL OF ATTORl\i'EY, filed December 27,2010 ...... 907, V5
ATTORNEY'S LIEN AND MOTION FOR APPROVAL OF LIEN (Luker), filed December 27, 2010 ...... 910, V5
AFFIDAVIT OF LYNN M. LUKER IN SUPPORT OF ATTORNEY'S LIEN AND MOTION FOR APPROVAL, Filed December 27,2010 ...... 912, V5
CLAIMANT'S MOTION FOR EXTENDED TIME TO SEE NEW COUNSEL, (handwritten - 3 pages), filed December 27,2010 ...... 917, V5
CERTIFICATE OF SERVICE (Claimant's Motion for Extended Time filed December 27, 2010), filed December 27, 2010 ...... 920, V5
CLAIMANT'S MOTION TO MOVE FORWARD AND RESPONSE TO OTHER MOTIONS BEFORE THE COMMISSION, Dated January 5, 2011, (handwritten- 6 pages), filed January 5, 2011 ...... 921, V5
CLAIMANT'S MOTION TO AMEND, Dated January 5, 2011, (handwritten - 3 pages), filed January 5, 2011 ...... 927, V5
CLAIMANT'S QUESTION FOR COMMISSION, Dated January 5, 2011, (handwritten- 3 pages), filed January, 2011 ...... 930, V5
CLAIMANT'S MOTION TO PRODUCE DOCUMENTS AND THINGS, Dated January 5, 2011, (handwritten - 4 page), filed January 5, 2011 ...... 933, V5
CLAIMANT'S MOTION TO ALLOW IMPACT STATEMENT, Dated January 5, 2011, (handwritten - 1 page), filed January 5, 2011 ...... 937, V5
CLAIMANT'S MOTION REQUESTING MEDIATION, Dated January 5, 2011, (handwritten - 1 page), filed January 5, 2011 ...... 938, V5
CERTIFICATE OF SERVICE (Claimant's Motions and Documents filed January 5, 2011), filed January 6, 2011 ...... 939, V5
DEFENDANTS' REQUEST FOR TELEPHONE CONFERENCE, filed January 11,2011 ...... 940, V5
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark) -15 DEFENDANTS' RESPONSE TO CLAIMANT'S MOTIONS AND DOCUMENTS FILED JANUARY 5, 2011, filed January 11, 2011 ...... 942, V5
CLAIMANT'S MOTION REQUEST FOR NEW HEARING AND TRANSPORTATION, (handwritten - 6 pages), filed January 12, 2011 ...... 949, V5
CERTIFICATE OF SERVICE (Claimant's Motion filed January 12,2011), filed January 13, 2011 ...... 955, V5
ORDER ON CLAIMANT'S MOTION FOR NEW HEARING AND TRANSPORTATION, filed January 14, 2011 ...... 956, V5
ORDER ON CLAIMANT'S ADDITIONAL MOTIONS, filed January 14,2011...... 958, V5
DEFENDANTS' OBJECTION TO CLAIMANT'S REQUEST FOR TRANSPORTATION FILED JANUARY 12,2011, filed January 18, 2011 ...... 961, V5
CLAIMANT'S REQUEST TO HAVE THE DEFENDANTS FOLLOW THROUGH WITH DR. HOLT'S DEPOSITION, Dated January 18,2011, (handwritten - 1 page), filed January 18, 2011 ...... 963, V5
CLAIMANT'S WITHDRAWING MOTION TO ALLOW ATTOR."JEY'S LIEN FILED 23 RD DAY OF DECEMBER, 2010, Dated January 18,2011, (handwritten - 2 pages), filed January 18,2011 ...... 964, V5
CERTIFICATE OF SERVICE (Claimant's document/motions filed January 18, 2011), filed January 20, 2011 ...... 966, V5
CLAIMANT'S REQUEST TO HAVE ALL DEPOSITIONS HELD IN CLAIMANT'S HOME TOWN, Dated January 20, 2011, (handwritten -1 page), filed January 20, 2011 ...... 967, V5
CLAIMANT'S REQUEST THAT SANDY BASKETT'S DEPOSITION BE HELD BEFORE THE COMMISSION, Dated January 18,2011, (handwritten - 1 page), filed January 19, 2011 ...... 968, V5
CLAIMANT'S REQUEST TO HOLD SANDY BASKETT'S AND DOUGLAS N. CRUM, CDMS, DEPOSITIONS BE HELD FIRST, Dated January 18,2011, (handwritten - 1 page), filed January 19, 2011 ...... 969, V5
VOLUME 6
CLAIMANT'S MOTION TO MOVE FORWARD REGARDING DEPOSITIONS, Dated January 18,2011, (handwritten - 1 page), filed January 19,2011 ...... 970, V6
CLAIMANT'S RESPONSE TO TRANSPORTATION, Dated January 19,2011, (handwritten - 1 page), filed January 19, 2011 ...... 971, V6
AMENDED CERTIFICATE OF SERVICE (Claimant's documents/motions filed January 18 & 19, 2011), filed January 20, 2011 ...... 972, V6
TABLE OF CONTENTS (S.c. # 4001,6-2012 RE: James Clark) -16 CERTIFICATE OF SERVICE (Claimant's document/motion filed January 20, 2011), filed January 21, 2011 ...... 973, V6
CLAIMANT'S MOTION TO ALLOW THIS MOTION TO BE CLAIMANT'S LAST MOTION SO THE COMMISSION CAN BRING CLAIMANT CLAIM TO A RESOLUTION OR BRING TO A END, Dated January 25,2011, (handwritten - 14 pages), filed January 25, 20 II ...... 974, V6
CERTIFICATE OF SERVICE (Claimant's document/motion filed January 25, 2011), filed January 26, 20 11 ...... 988, V 6
DEFENDANTS' RESPONSE TO CLAIMANT'S DOCUMENT MOTIONS FILED JANUARY 18, JAN1;ARY 20, AND JANUARY 25, 2011, filed January 26, 2011 ...... 989, V6
CLAIMANT'S NOTICE OF CHANGE OF ADDRESS, Dated January 29, 2011, (handwritten - 1 page), filed January 31, 2011 ...... 995, V6
CLAIMANT'S (RENEWED) REQUEST FOR THE COMMISSION TO MOVE FORWARD AND MAKE DETERMINATION, Dated January 31,2011, (handwritten- 1 page), filed January 31, 2011 ...... 996, V6
CERTIFICATE OF SERVICE (Claimant's document/motions filed January 31, 2011), filed January 31, 2011 ...... 997, V6
CERTIFICATE OF SERVICE (Commission's Judicial Rules of Practice and Procedure and IC 1002 Form - Complaint Against ISIF to Claimant), filed February 2, 2011 ...... 998, V6
ORDER ON MOTIONS, filed February 2, 2011 ...... 999, V6
DEFENDANTS' LETTER TO REFEREE CLAIMANT'S "REFUSED" MAIL, Dated February 2, 2011, filed February 2, 2011 ...... 1001, V6
NOTICE OF TELEPHONE CONFERENCE, filed February 3, 2011 ...... 1004, V6
DEFENDANTS' NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION (DOUG CRUM, C.D.M.S.), filed February 7, 2011 ...... 1005, V6
DEFENDANTS' SECOND NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (CRAIG BEAVER, PH.D.), filed February 7, 2011 ...... 1008, V6
DEFENDANTS' SECOND NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (RICHARD WILSON, M.D.), filed February 7, 2011 ...... 1011, V6
CERTIFICATE OF SERVICE (Defendants letter filed February 2,2011, Defendants' letter with Notice of Depositions filed February 7, 2011 re Craig Beaver, Ph.D., Doug Crum, CDMS, and Dr. Richard Wilson), filed February 8, 2011...... 1014, V6
CLAIMANT'S REQUEST FOR USE OF DVD PLAYER AT ORAL EXAM INA TION OF CRAIG BEAVER PH.D. AND DOUG CRUM, C.D.M.S., AND RICHARD WILSON, Dated February 9, 2011, (handwritten - 1 page), filed February 10,2011 ...... 1015, V6
TABLE OF CONTENTS (S.c. # 40016-2012 RE: James Clark) - 17 CERTIFICATE OF SERVICE (Claimant's documents filed February 10,2011), filed February 10,2011 ...... 1016, V6
CLAIMANT'S 9TH CONTINUATION OF DOCUMENTS AND THING (Exhibits for Deposition on February 24, 2011 and March 2, 2011 -listed with and included in Exhibits), Dated February 17,2011, (handwritten - 1 page), filed February 17,2011 ...... 1017, V6
CERTIFICATE OF SERVICE (Claimant's document (69 pages) filed February 17, 2011), filed February 18, 2011 ...... 1018, V6
CLAIMANT'S MOTION FOR RECONSIDERATION, Dated March 4, 2011, (handwritten - 4 pages, faxed and hard copy), filed March 4, 2011 ...... 1019, V6
CERTIFICATE OF SERVICE (Claimant's document filed March 4,2011 and hard copy filed March 7, 2011), filed March 7, 2011 ...... 1027, V6
LETTER FROM DEFENDANTS TO REFEREE RE NOTICE OF NOT TAKING POST-HEARING DEPOSITION OF SI STEINBERG, M.D. and J. HARRISON WHITCOMB, LCSW, filed March 7, 2011 ...... 1028, V6
REFEREE'S LETTER TO CLAIMANT REGARDING FAX FILED WORKERS' COMPENSATION COMPLAINT, Dated March 7, 2011 ...... 1030, V6
CERTIFICATE OF SERVICE (Defendants' letter faxed/filed March 7, 2011), filed March 8, 2011 ...... 1033, V6
NOTICE OF TELEPHONE CONFERENCE, filed March 8, 2011 ...... 1034, V6
DEFENDANTS' RESPONSE TO CLAIMANT'S DOCUMENT FILED MARCH 4, 2011, filed March 8, 2011 ...... 1035, V6
CERTIFICATE OF SERVICE (Defendants' Response to Claimant's Document filed March 4,2011, regarding post-hearing deposition of Sandy Baskett), filed March 9, 2011 ...... 1038, V6
ORDER ON MOTION FOR SUBPOENA, filed March 10,2011 ...... 1039, V6
ORDER ESTABLISHING BRIEFING SCHEDULE, filed March lO, 2011 ...... 1040, V6
CLAIMANT'S CONTINUATION OF MEDICAL RECORDS FOR CONSIDERATION ON CLAIMANT'S CLAIM OF APRIL 17,2008, Dated March 29, 2011, (handwritten- 1 page with attachments listed with and included Exhibits), filed March 29,2011 ...... 1041, V6
CERTIFICATE OF SERVICE (Claimant's document filed March 30, 2011), filed March 30, 2011 ...... 1042, V6
CERTIFICATE OF SERVICE (Claimant's Brief filed March 21,2011), filed April 1, 2011 ...... 1043, V6
CERTIFICATE OF SERVICE (Claimant's Amended Brief filed April 1, 2011), filed AprilS, 2011 ...... 1044, V6
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark) - 18 CERTIFICATE OF SERVICE (Defendants' Post-Hearing Brief filed May l3, 2011 to Claimant), filed May 18, 2011 ...... 1045, V6
FAX CONFIRMATION OF COVER SHEET FROM INDUSTRIAL COMMISSION TO DENISE (ANDERSON, JULIAN & HULL) RE TRANSMITTAL OF CLAIMANT'S BRIEF TO DEFENDANTS, dated OS/27/41 [sic] ...... 1046, V6
CERTIFICATE OF SERVICE (Claimant':,> Briefs (total 86 pages) filed May 27 and 31, 2011), filed June 2, 2011 ...... 1047, V6
DEFENDANTS' MOTION TO STRIKE, filed June 7, 2011 ...... 1048, V6
CLAIMANT'S REQUEST FOR UPDATE REGARDING CLAIMANT'S BRIEF FILED MAY 27, 2011, Dated September 29,2011, (handwritten - 1 page), filed September 29, 2011 ...... 1052, V6
LETTER FROM INDUSTRIAL COMMISSION TO CLAIMANT REGARDING STATUS OF CASE, Dated October 7, 2011 ...... 1053, V6
DEFENDANTS' NOTICE OF FILING, filed January 31, 2012 ...... 1054, V6
DEFENDANTS' NOTICE OF FILING, filed January 31, 2012 ...... 1063, V6
CLAIMANT'S REQUEST FOR EMERGENCY PHONE CONFERENCE, (handwritten- 2 pages with attachments), filed February 3, 2012 ...... 1067, V6
CERTIFICATE OF SERVICE (Claimant's letter requesting telephone conference filed February 3,2012), filed February 6, 2012 ...... 1070, V6
NOTICE OF TELEPHONE CONFERENCE, filed February 6, 2012 ...... 1071, V6
CLAIMANT'S NOTICE OF CHANGE OF ADDRESS, (handwritten - 1 page), filed February 27, 2012 ...... 1072, V6
CERTIFICATE OF SERVICE (Claimant's letter filed February 27, 2012), filed March 1, 2012 ...... 1073, V6
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION BY REFEREE NOT ADOPTED BY COMMISSIONERS (NOT FILED), Dated April 10, 2012 ...... 1074, V6
VOLUME 7
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER, filed May 2,2012 ...... 1126, V7
LUKER'S ATTORNEY'S BRIEF ON MOTION FOR APPROVAL OF ATTORNEY'S LIEN, filed May 9, 2012 ...... 1180, V7
CLAIMANT'S MOTION FOR EXTENDED TIME, Dated May 11,2012, (handwritten- 1 page), filed May 11, 2012 ...... 1186, V7
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark) -19 CLAIMANT'S MOTION FOR APPROVAL OF EXTENSION OF TIME SO CLAIMANT CAN PROPERLY ADDRESS COMMISSION ORDER, (typed - 2 pages), filed May 14, 2012 ...... 1187, V7
CLAIMANT'S ADDITIONS TO REQUEST FOR MORE TIME, Dated May 11,2012, (handwritten - 2 pages with attachments), filed May 14, 2012 ...... 1189, V7
CLAIMANT'S SECOND REQUEST FOR EXTENDED TIME ON RESPONSE BRIEF OF ATTORNEY LIEN ORDER, dated May 14, 2012, (handwritten - 1 page), filed May 14, 2012 ...... 1192, V7
CLAIMANT'S SECOND MOTION FOR EXTENDED TIME ON APPEAL PROCESS, Dated May 18,2012, (handwritten-1 page), filed May 18, 2012 ...... 1193, V7
CLAIMANT'S DOCUMENT, Dated May 21,2012, (handwritten - 4 pages), filed May 21, 2012 ...... 1194, V7
CLAIMANT'S REQUEST FOR COPIES OF LUKER'S WITHDRAWAL ON DECEMBER 27, 2010, Dated May 22, 2012, (handwritten -1 page), filed May 22,2012 ...... 1198, V7
CLAIMANT'S FILING OF SOCIAL SECURITY ADMINISTRATION DECISION, 1 page, filed May 21, 2012 ...... 1199, V7
CLAIMANT'S FILING OF NOTICE OF CLAIM STATUS FROM STATE INSURANCE FUND, dated May 17,2012, filed May 22, 2012 ...... 1200, V7
CERTIFICATE OF SERVICE ON DEFENDANTS (Claimants filings of May 11,2012; May 14,2012; May 18,2012; May 21, 2012; May 22, 2012), filed May 22,2012 ...... 1201, V7
CERTIFICATE OF SERVICE ON LUKER (Claimants filings of May 11,2012; May 14,2012; May 18,2012; May 21, 2012; May 22, 2012), filed May 22,2012 ...... 1203, V7
AMENDED CERTIFICATE OF SERVICE (Correct Fax Number), (Claimants filings of May 11,2012; May 14,2012; May 18,2012; May 21, 2012; May 22,2012), filed May 22, 2012 ...... 1205, V7
CERTIFICATE OF SERVICE (Claimant'S Request for copy of Luker's Order to Withdraw on December 27,2010, Notice of Claim Status from State Insurance Fund), filed May 22, 2012 ...... 1207, V7
ORDER REGARDING MOTIONS, filed May 22, 2012 ...... 1208, V7
CERTIFICATE OF SERVICE (Motion to Withdraw as Counsel filed by Luker on December 20, 2010 and Order Granting Withdrawal of Attorney filed December 21, 2010 to Claimant), filed May 22, 2012 ...... 1211, V7
CLAIMANT'S MOTION FOR CLARIFICATION, Dated May 22, 2012, (handwritten- 2 pages), filed May 22, 2012 ...... '" 1212, V7
CLAIMANT'S MOTION FOR ALL DOCUMENTS AND THINGS, Dated May 22, 2012, (handwritten - 2 pages), filed May 22, 2012 ...... 1214, V7
TABLE OF CONTENTS (S.c. # 40016-2012 RE: James Clark) - 20 CERTIFICATE OF SERVICE (Claimants Motion for Approval of Extension of Time filed May 14,2012; Claimant's Motion for All Documents and Things, filed May 22, 2012; Claimant's Motion for Clarification, filed May 22,2012), filed May 22, 2012 ...... 1216, V7
DEFENDANTS' RESPONSE TO CLAIMANT'S MOTIONS FILED MAY 22, 2012, filed May 23, 2012 ...... 1217, V7
NOTICE OF APPEAL, filed June 1,2012, hard copy filed June 8, 2012 ...... 1220, V7
CERTIFICATE OF SERVICE (Claimant's Notice of Appeal), filed June 4,2012 ...... 1233, V7
CERTIFICATE OF APPEAL, dated June 4,2012 ...... 1234, V7
CERTIFICATION, dated June 4, 2012 ...... 1236, V7
CERTIFICATE OF APPEAL, dated June 7, 2012 ...... 1237, V7
CLAIMANT'S THIRD MOTION FOR COMMISSION TO HAVE LYNN LUKER SEND CLAIMANT CLAIMANT'S FULLY SIGNED CONTRACT, (typed - 2 pages), filed June 6, 2012 ...... 1239, V7
CERTIFICATE OF SERVICE (Claimant's Third Motion filed June 6, 2012), filed June 7, 2012 ...... 1241, V7
ORDER TO SHORTEN TIME, filed June 7,2012 ...... 1242, V7
ORDER DENYING CLAIMANT'S MOTION FOR DOCUMENTS, filed June 7, 2012 ...... 1244, V7
LUKER'S ATTORN'EY'S RESPONSE TO REQUEST FOR CONTRACT, filed June 8, 2012 ...... 1246, V7
SUPREME COURT ORDER CONDITIONALLY DISMISSING APPEAL, Dated June 7, 2012 ...... 1249, V7
CLAIMANT'S REQUEST OF DOCUMENTS SENT TO COMMISSION BY CLAIMANT'S ATTORNEY, Dated June 11,2012, (typed-2 pages), filed June 11,2012 ...... 1250, V7
CLAIMANT'S REQUEST OF DOCUMENTS SENT TO COMMISSION BY CLAIMANT'S ATTORNEY REVISED VERSION, Dated June 11, 2012, (typed - 2 pages), filed June 11, 2012 ...... 1252, V7
CERTIFICATE OF SERVICE (Claimant Request of Documents filed June 11,2012; Claimant's Request of Documents revised version filed June 11, 2012), filed June 11, 2012 ...... 1254, V7
CERTIFICATE OF SERVICE (Attorney's Lien and Motion for Approval of Lien filed December 27,2010; and Affidavit ofLynn M Luker in Support of Attorney's Lien and Motion for Approval filed December 27,2010 to Claimant), filed June 11,2012 ...... 1255, V7
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark) - 21 CLAIMANT'S SECOND REQUEST FOR EXTENSION OF TIME TO RESPOND TO ATTORNEYS LIEN, Dated June 12,2012, (typed - 2 pages), filed June 12,2012 ...... 1256, V7
CERTIFICATE OF SERVICE (Claimant's Second Request for Extension filed June 12,2012), filed June 12, 2012 ...... 1258, V7
CLAIMANT'S MOTION FOR COMMISSION TO SEND CLAIMANTS DISMISSAL OF CLAIMANT CLAIM BEFORE JANUARY 5, 2010, (handwritten - 3 pages), filed June 12, 2012 ...... 1259, V7
CERTIFICATE OF SERVICE (Claimant's Motion for Commission to send dismissal filed June 12,2012), filed June 13, 2012 ...... 1262, V7
CLAIMANT'S MOTION FOR RECONSIDERATION ON DENYING CLAIMANT'S MOTION FOR DOCUMENTS FILED JUNE 7, 2012, (handwritten - 2 pages), filed June 13,2012 ...... 1263, V7
CERTIFICATE OF SERVICE (Claimant'S Motion for Reconsideration filed June 13,2012), filed June 13, 2012 ...... 1265, V7
ORDER GRANTING EXTENSION OF TIME, filed June 13,2012 ...... 1266, V7
CLAIMANT'S MOTION TO AMEND MOTION FOR RECONSIDERATION FILED JlJNE 13,2012, Dated June 13,2012, (handwritten - 1 page), filed June 13,2012 ...... 1268, V7
CERTIFICATE OF SERVICE (Claimant's Motion to Amend Motion for Reconsideration filed June 13,2012), filed June 13, 2012 ...... 1269, V7
CLAIMANT'S MOTION TO INCLUDE IN CLAIMANT APPEAL TO THE IDAHO STATE COURT OF APPEAL, Dated June 13,2012, (handwritten - 2 pages), filed June 13, 2012 ...... 1270, V7
CERTIFICATE OF SERVICE (Claimant'S Motion to Include filed June 13, 2012), filed June 13, 2012 ...... 1272, V7
CLAIMANT'S MOTION CLAIMANT'S APPEAL BEFORE THE COMMISSION IS TO INCLUDE ALL LYNN M LUKERS FILING FOR ATTORNEY WITHDRAW AND FOR ATTORNEY LIEN, Dated June 13,2012, (handwritten - 1 page), filed June 13, 2012 ...... 1273, V7
CERTIFICATE OF SERVICE (Claimant's Motion regarding Appeal filed June 13,2012), filed June 13, 2012 ...... 1274, V7
DEFENDANTS' REQUEST FOR ADDITIONAL RECORDS, filed June 13,2012 ...... 1275, V7
CLAIMANT'S MOTION TO INCLUDE IN FILING TO THE COURT OF APPEAL, Dated June 14,2012, (handwritten - 2 pages), filed June 14,2012 ...... 1280, V7
CLAIMANT'S MOTION TO ADD ALL RECORD OF FILING BEFORE CLAIMANTS HEARING NOVEMBER 18,2008 AND AFTER HEARING, Dated June 14,2012, (handwritten - 3 pages), filed June 14, 2012 ...... 1282, V7
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark) - 22 CLAIMAINT'S MOTION FOR MEDIATION WITH LYNN LUKER, Dated June 14,2012, (handwritten - 1 page), filed June 14, 2012 ...... 1285, V7
CERTIFICATE OF SERVICE (Claimant's Motion for Mediation filed June 14,2012), filed June 14, 2012 ...... 1286, V7
CERTIFICATE OF SERVICE (Claimant's Motion to Include and Motion to Add, filed June 14,2012), filed June 14, 2012 ...... 1287, V7
ORDER GRANTING WAIVER OF FEES, filed June 14, 2012 ...... 1288, V7
CERTIFICATION ON FILING FEES, Dated June 14, 2012 ...... 1290, V7
CERTIFICATE OF SERVICE (Claimant's Requests for additional records filed June 14,2012), filed June 15, 2012 ...... 1291, V7
CLAIMANT'S MOTION FOR RECONSIDERATION ON DENYING CLAIMANT'S MOTION ON JUNE 7, 2012 FOR FINAL REVIEW OF ALL RECORDS FROM STATE FlJND, (handwritten - 2 pages), filed June 15, 2012 ...... 1292, V7
CERTIFICATE OF SERVICE (Claimant's Motion for Reconsideration filed June 15,2012), filed June 18, 2012 ...... 1294, V7
CLAIMANT'S REQUEST FOR APPLICATION, Dated June 18,2012, (handwritten- 1 page), filed June 18, 2012 ...... 1295, V7
CERTIFICATE OF SERVICE (Claimant's Request for Application filed June 18,2012), filed June 19, 2012 ...... 1296, V7
ORDER DENYING APPELLANT'S REQUESTS FOR ADDITIONAL RECORDS PURSUANT TO LA.R. 19, filed June 19, 2012 ...... 1297, V7
SUPREME COURT ORDER ADOPTING INDUSTRIAL COMMISSION FOR WAIVER OF FILING FEE, Dated June 19, 2012 ...... 1300, V7
INDUSTRIAL COMMISSION LETTER TO CLAIMANT, Dated June 22,2012 ...... 1301, V7
CLAIMANT'S MOTION TO AMEND APPEAL TO ADD FOR REQUEST FOR ADDITIONAL RECORDS, (typed - 3 pages), filed June 22, 2012 ...... 1302, V7
CERTIFICATE OF SERVICE (Claimant's Motion to Amend Appeal filed June 22, 2012), filed June 26, 2012 ...... 1305, V7
CLAIMANT'S MOTION TO SET ASIDE ATTORNEY LIEN UNTIL FINAL DECISION OF THE STATE APPELLATE COURT, Dated June 26,2012, (typed- 3 pages), Filed June 26, 20 12 ...... 1306, V7
DEFENDANTS' LETTER TO CLAIMANT, Dated June 26, 2012 ...... 1309, V7
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark) - 23 CLAIMANT'S MOTION TO AMEND MOTION TO SET ASIDE ATTORNEY LIEN lTNTIL FINAL DECISION OF THE STATE APPELLATE COURT, Dated June 27,2012, (typed - 3 pages), filed June 27, 20 12 ...... 1310, V7
CERTIFICATE OF SERVICE (Claimant's Motion to Set Aside Attorney Lien filed June 26, 2012 and Motion to Amend Motion to Set Aside Attorney Lien filed June 27, 2012), filed June 27, 2012 ...... 1313, V7
ORDER DENYING APPELLANT'S MOTION TO AMEND APPEAL TO ADD RECORDS, Filed June 27, 2012 ...... 1314, V7
ORDER DENYING RECONSIDERATION, filed June 28, 2012 ...... 1316, V7
ORDER DENYING CLAIMANT'S MOTION TO SET ASIDE, filed June 28, 2012 ...... 1318, V7
INDUSTRIAL COMMISSION LETTER TO CLAIMANT, Dated June 29,2012 ...... 1320, V7
INDUSTRIAL COMMISSION LETTER TO CLAIMANT, Dated July 5,2012 ...... 1321, V7
VOLUMES
CLAIMANT'S MOTION FOR NEW HEARING BASED ON NEW FINDINGS OF FACTS, (typed - 14 pages), filed July 5, 2012 ...... 1322, V8
CERTIFICATE OF SERVICE (Claimant'S Motion for New Hearing), filed July 5, 2012 ...... 1336, V8
CLAIMANT'S BRIEF ON MOTION TO DENY ATTORNEY'S LIEN, (typed - 25 pages) filed July 9, 2012 ...... 1337, V8
CERTIFICATE OF SERVICE (Claimant's Brief), filed July 9, 2012 ...... 1362, V8
ORDER ON DISMISSING APPELLANT'S MOTION FOR NEW HEARING, filed July 10, 2012 ...... 1363, V8
ORDER DENYING APPELLANT'S MOTION FOR MEDIATION, filed July 10,2012 ...... 1365, V8
ORDER GRANTING ATTORNEY FEES, filed July 10, 2012 ...... 1367, V8
CERTIFICATE OF SERVICE (Documents on Claimant), filed July 10,2012 ...... 1371, V8
CLAIMANT'S MOTION CLARIFICATION OF RULE 14 ATTORNEY WITHDRAW (2 Questions), (typed - 2 pages), filed July 13, 2012 ...... 1375, V8
CLAIMANT'S MOTION CLARIFICATION OF RULE 14 ATTORNEY WITHDRAW (3 Questions), (typed - 2 pages), filed July 13, 2012 ...... 13 77, V8
CERTIFICATE OF SERVICE (Claimant's Motions Re Clarification), filed July 13, 2012 ...... 1379, V8
CLAIMANT'S NOTICE OF AMENDING APPEAL TO INCLUDE GRANTED ATTORNEY FEE, (typed-10 pages), filed July 13, 2012 ...... 1380, V8
TABLE OF CONTENTS (S.c. # 40016-2012 RE: James Clark) - 24 CERTIFICATE OF SERVICE (Claimant's Notice Amending Appeal), filed July 13,2012 ...... 1390, V8
CERTIFICATION, dated July 16, 2012 ...... 1391, V8
CERTIFICATION OF RECORD, dated July 18, 2012 ...... 1392, V8
NOTICE OF COMPLETION, dated July 18, 2012 ...... 1393, V8
TABLE OF CONTENTS (S.C. # 40016-2012 RE: James Clark) - 25 INDEX
AFFIDAVIT OF LYNN M LUKER CONFIRMING SERVICE OF COMMISSION ORDER GRANTING WITHDRAWAL OF ATTORNEY, filed December 27,2010 ...... 907, V5
AFFIDAVIT OF LYNN M. LUKER IN SUPPORT OF ATTORl~EY' S LIEN AND MOTION FOR APPROVAL, Filed December 27, 2010 ...... 912, V5
AFFIDAVIT OF LYNN M LUKER IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL, filed December 20, 2010 ...... 886, V5
AMENDED CERTIFICATE OF SERVICE (Claimant's documents/motions filed January 18 & 19,2011), filed January 20, 2011 ...... 972, V6
AMENDED CERTIFICATE OF SERVICE (Correct Fax Number), (Claimants filings of May 11,2012; May 14,2012; May 18,2012; May 21, 2012; May 22, 2012), filed May 22, 2012, ...... 1205, V7
AMENDED CERTIFICATE OF SERVICE OF WORKERS' COMPENSATION COMPLAINT, filed July 11, 2008 ...... 5, VI
AMENDED NOTICE OF TELEPHONE CONFERENCE, filed March 3, 2009 ...... 407, V3
ANOTHER CERTIFICATE OF SERVICE (Claimant's document filed August 18,2009), filed August 18, 2009 ...... 611, V4
ANOTHER ORDER, filed February 17, 2009 ...... 302, V2
ANSWER TO COMPLAINT, filed July 28, 2008 ...... 7, VI
ATTOR,1\l"EY'S LIEN AND MOTION FOR APPROVAL OF LIEN (Luker), filed December 27, 2010 ...... 910, V5
CERTIFICATE OF APPEAL, dated June 4, 2012 ...... 1234, V7
CERTIFICATE OF APPEAL, dated June 7, 2012 ...... 1237, V7
CERTIFICATE OF SERVICE (Claimant's 2 letters filed August 5, 2008), filed August 5,2008 ...... 9, VI
CERTIFICATE OF SERVICE (Order on Calendaring), filed August 22,2008 ...... 23, VI
CERTIFICATE OF SERVICE (Claimant's Letters and Discovery), filed September 10,2008 ...... 86, VI
CERTIFICATE OF SERVICE (Claimant's Letter Requesting Continuance), filed October 16, 2008 ...... 167, VI
CERTIFICATE OF SERVICE (Claimant's Request for Dismissal of complaint), filed October 17, 2008 ...... 170, VI
CERTIFICATE OF SERVICE (Claimant's Faxed Letter), filed November 4,2008 ...... 178, VI
INDEX (S.c. # 40016-2012 RE: James Clark) - 1 CERTIFICATE OF SERVICE (Claimant's Letters (18 pages) filed December 3,2008), filed December 4, 2008 ...... 199, VI
CERTIFICATE OF SERVICE (Claimant's letter filed December 4,2008), filed December 4, 2008 ...... 203, V2
CERTIFICATE OF SERVICE (Claimant's letters faxed/filed December 29,2008), filed December 31, 2008 ...... 210, V2
CERTIFICATE OF SERVICE (Claimant's letter dated January 12,2009), filed January 13, 2009 ...... 224, V2
CERTIFICATE OF SERVICE (Claimant's Motion to Revise Show Cause Hearing with attachments), filed January 15, 2009 ...... 229, V2
CERTIFICATE OF SERVICE (Claimant's letters filed January 20,2009), filed January 21, 2009 ...... 242, V2
CERTIFICATE OF SERVICE (Claimant's letter filed January 22, 2009), filed January 22, 2009 ...... 244, V2
CERTIFICATE OF SERVICE (Claimant's Memorandum in Support of Motion to Compel), filed January 26, 2009 ...... 262, V2
CERTIFICATE OF SERVICE (Claimant's document filed February 6, 2009), filed February 10, 2009 ...... 281, V2
CERTIFICATE OF SERVICE (Claimant's documents filed February 9, 2009), filed February 10, 2009 ...... 282, V2
CERTIFICATE OF SERVICE (Claimant's document filed February 12,2009), filed February 12, 2009 ...... 287, V2
CERTIFICATE OF SERVICE (Claimant's document filed February 12,2009), filed February 13, 2009 ...... 290, V2
CERTIFICATE OF SERVICE (Claimant's documents filed February 13 and 17,2009), filed February 17, 2009 ...... 299, V2
CERTIFICATE OF SERVICE (Claimant's another document filed February 17,2009), filed February 17, 2009 ...... 301, V2
CERTIFICATE OF SERVICE (Claimant's documents filed February 20,2009), filed February 23, 2009 ...... 332, V2
CERTIFICATE OF SERVICE (Claimant's documents filed February 27,2009), filed February 27, 2009 ...... 367, V2
CERTIFICATE OF SERVICE (Claimant's documents filed March 2, 2009), filed March 2, 2009 ...... 396, V2
INDEX (S.c. # 40016-2012 RE: James Clark) - 2 CERTIFICATE OF SERVICE (Claimant's document filed April 27, 2009), filed April 27, 2009 ...... 415, V3
CERTIFICATE OF SERVICE (Claimant's documents filed June 2,2009), filed June 2, 2009 ...... 457, V3
CERTIFICATE OF SERVICE (Claimant's document filed June 5, 2009), filed June 5, 2009 ...... 465, V3
CERTIFICATE OF SERVICE (Claimant's document filed June 15,2009), filed June 15, 2009 ...... 517, V3
CERTIFICATE OF SERVICE (Additional Claimant's document filed June 15,2009), filed June 15, 2009 ...... 519, V3
CERTIFICATE OF SERVICE (Claimant's Motion to Reconsider filed June 23, 2009), Dated June 24, 2009 ...... 524, V3
CERTIFICATE OF SERVICE (Claimant's documents filed July 14,2009), filed July 14, 2009 ...... 538, V3
CERTIFICATE OF SERVICE (Claimant's documents filed July 27,2009), filed July 27, 2009 ...... 551, V3
CERTIFICATE OF SERVICE (Claimant's Motion to Reconsider filed August 3, 2009), filed August 4, 2009 ...... 573, V3
CERTIFICATE OF SERVICE (Claimant's Motion to Order Continue Medical Treatment filed August 3,2009), filed August 4, 2009 ...... 574, V3
CERTIFICA TE OF SERVICE (Claimant's Amended Complaint filed August 4,2009), filed August 4, 2009 ...... 595, V3
CERTIFICATE OF SERVICE (Claimant's Documents filed August 4,2009), filed August 5, 2009 ...... 600, V4
CERTIFICATE OF SERVICE (Claimant's documents filed August 5, 2009), filed August 5, 2009 ...... 605, V4
CERTIFICATE OF SERVICE (Claimant's document filed August 5, 2009), filed August 6, 2009 ...... 609, V4
CERTIFICATE OF SERVICE (Claimant's document filed August 18,2009), filed August 18, 2009 ...... 613, V4
CERTIFICATE OF SERVICE (Claimant's document filed August 21,2009), filed August 21, 2009 ...... 615, V4
CERTIFICATE OF SERVICE (Claimant's document filed August 24,2009), filed August 25, 2009 ...... 617, V4
INDEX (S.c. # 40016-2012 RE: James Clark) - 3 CERTIFICATE OF SERVICE (Claimant's Document filed August 31,2009), filed It...UgUSt 31, 2009 ...... 660, V 4
CERTIFICATE OF SERVICE (Claimant's document filed September 1,2009), filed September 1, 2009 ...... 668, V4
CERTIFICATE OF SERVICE (Claimant's documents filed September 8,2009), filed September 8, 2009 ...... 679, V4
CERTIFICATE OF SERVICE (Claimant's legal file), filed October 2,2009 ...... 680, V4
CERTIFICATE OF SERVICE (Claimant'S letter regarding evidence and exhibits, filed November 6, 2009), filed November 10, 2009 ...... 684, V 4
CERTIFICATE OF SERVICE (Claimant's general motion regarding forwarding the reconsideration to a court of appeal, filed November 12, 2009), filed November 12,2009 ...... 687, V4
CERTIFICATE OF SERVICE (Claimant's general motion to continue transportation, filed November 12, 2009) filed November 13, 2009 ...... 692, V4
CERTIFICATE OF SERVICE (Claimant'S addition to the motion to continue transportation, filed November 13, 2009), filed November 13, 2009 ...... 694, V4
CERTIFICATE OF SERVICE (Claimant's general motion for documents and things, filed November 13, 2009), filed November 16, 2009 ...... 699, V4
CERTIFICATE OF SERVICE (Claimant's compliance with signing medical releases, filed November 16,2009), filed November 16, 2009 ...... 703, V4
CERTIFICATE OF SERVICE (Claimant's letter regarding psychiatric evaluation, filed November 17, 2009), filed November 18, 2009 ...... 706, V4
CERTIFICATE OF SERVICE (Claimant's document filed November 19, 2009), filed November 24, 2009 ...... 716, V4
CERTIFICATE OF SERVICE (Claimant'S document filed December 28,2009), filed December 29, 2009 ...... 726, V4
CERTIFICATE OF SERVICE (Notice of Cancelling Telephone Conference filed March 11,2010), filed March 17, 2010 ...... 744, V4
CERTIFICATE OF SERVICE (Claimant's legal file and exhibits from Attorney Luker for Claimant), filed December 22, 2010 ...... 904, V5
CERTIFICATE OF SERVICE (Hearing transcript to Hull), filed December 22, 2010 ...... 905, V5
CERTIFICATE OF SERVICE (Hearing transcript to Claimant, pro se), filed December 22, 2010 ...... 906, V5
CERTIFICATE OF SERVICE (Claimant's Motion for Extended Time filed December 27, 2010), filed December 27, 2010 ...... 920, V5
INDEX (S.C. # 40016-2012 RE: James Clark) - 4 CERTIFICATE OF SERVICE (Claimant's Motions and Documents filed January 5,2011), filed January 6, 2011 ...... 939, V5
CERTIFICATE OF SERVICE (Claimant's Motion filed January 12,2011), filed January 13, 2011 ...... 955, V5
CERTIFICATE OF SERVICE (Claimant's document/motions filed January 18,2011), filed January 20, 2011 ...... 966, V5
CERTIFICATE OF SERVICE (Claimant's document/motion filed January 20, 2011), filed January 21, 2011 ...... 973, V6
CERTIFICATE OF SERVICE (Claimant's document/motion filed January 25, 2011), filed January 26, 2011 ...... 988, V 6
CERTIFICATE OF SERVICE (Claimant's document/motions filed January 31,2011), filedJanuary31,2011 ...... 997, V6
CERTIFICATE OF SERVICE (Commission's Judicial Rules of Practice and Procedure and IC 1002 Form - Complaint Against ISIF to Claimant), filed February 2, 2011 ...... 998, V6
CERTIFICATE OF SERVICE (Defendants letter filed February 2,2011, Defendants' letter with Notice of Depositions filed February 7, 2011 re Craig Beaver, Ph.D., Doug Crum, CDMS, and Dr. Richard Wilson), filed February 8, 2011 ...... 1014, V6
CERTIFICATE OF SERVICE (Claimant's documents filed February 10,2011), filed February 10,2011 ...... 1016, V6
CERTIFICATE OF SERVICE (Claimant's document (69 pages) filed February 17,2011), filed February 18,2011 ...... 1018, V6
CERTIFICATE OF SERVICE (Claimant's document filed March 4,2011 and hard copy filed March 7, 2011), filed March 7, 2011 ...... 1027, V6
CERTIFICATE OF SERVICE (Defendants' letter faxed/filed March 7, 2011), filed March 8, 2011 ...... 1033, V6
CERTIFICATE OF SERVICE (Defendants' Response to Claimant's Document filed March 4, 2011, regarding post-hearing deposition of Sandy Baskett), filed March 9, 2011...... '" 1038, V6
CERTIFICATE OF SERVICE (Claimant's document filed March 30, 2011), filed March 30, 2011 ...... 1042, V6
CERTIFICATE OF SERVICE (Claimant's Brief filed March 21, 2011), filed April 1, 2011 ...... 1043, V6
CERTIFICATE OF SERVICE (Claimant'S Amended Brief filed April 1, 2011), filed April 5, 20 11 ...... 1044, V 6
INDEX (S.C. # 40016-2012 RE: James Clark) - 5 CERTIFICATE OF SERVICE (Defendants' Post-Hearing Brief filed May 13,2011 to Claimant), filed May 18, 2011 ...... 1045, V6
CERTIFICATE OF SERVICE (Claimant's Briefs (total 86 pages) filed May 27 and 31, 2011), filed June 2, 2011 ...... 1047, V6
CERTIFICATE OF SERVICE (Claimant'S letter requesting telephone conference filed February 3,2012), filed February 6, 2012 ...... 1070, V6
CERTIFICATE OF SERVICE (Claimant's letter filed February 27, 2012), filed March 1, 2012 ...... 1073, V6
CERTIFICATE OF SERVICE ON DEFENDANTS (Claimants filings of May 11,2012; May 14,2012; May 18,2012; May 21, 2012; May 22, 2012), filed May 22, 2012 ...... 1201, V7
CERTIFICATE OF SERVICE ON LUKER (Claimants filings of May 11,2012; May 14,2012; May 18,2012; May 21, 2012; May 22, 2012), filed May 22,2012 ...... 1203, V7
CERTIFICATE OF SERVICE (Claimants Motion for Approval of Extension of Time filed May 14, 2012; Claimant's Motion for All Documents and Things, filed May 22, 2012; Claimant's Motion for Clarification, filed May 22, 2012), filed May 22, 2012 ...... 1216, V7
CERTIFICATE OF SERVICE (Claimant's Request for copy of Luker's Order to Withdraw on December 27, 2010, Notice of Claim Status from State Insurance Fund), filed May 22, 2012 ...... 1207, V7
CERTIFICATE OF SERVICE (Motion to Withdraw as Counsel filed by Luker on December 20, 2010 and Order Granting Withdrawal of Attorney filed December 21, 2010 to Claimant), filed May 22, 2012 ...... 1211, V7
CERTIFICATE OF SERVICE (Claimant'S Notice of Appeal), filed June 4,2012 ...... 1233, V7
CERTIFICATE OF SERVICE (Claimant'S Third Motion filed June 6,2012), filed June 7, 2012 ...... 1241, V7
CERTIFICATE OF SERVICE (Claimant Request of Documents filed June 11,2012; Claimant's Request of Documents revised version filed June 11,2012), filed June 11, 2012 ...... 1254, V7
CERTIFICATE OF SERVICE (Attorney's Lien and Motion for Approval of Lien filed December 27,2010; and Affidavit ofLynn M Luker in Support of Attorney's Lien and Motion for Approval filed December 27,2010 to Claimant), filed June 11,2012 ...... 1255, V7
CERTIFICATE OF SERVICE (Claimant's Second Request for Extension filed June 12,2012), filed June 12, 2012 ...... 1258, V7
CERTIFICA TE OF SERVICE (Claimant's Motion for Commission to send dismissal filed June 12,2012), filed June 13, 2012 ...... 1262, V7
CERTIFICATE OF SERVICE (Claimant's Motion for Reconsideration filed June 13,2012), filed June 13, 2012 ...... 1265, V7
INDEX (S.c. # 40016-2012 RE: James Clark) - 6 CERTIFICATE OF SERVICE (Claimant's Motion to Amend Motion for Reconsideration filed June 13,2012), filed June 13, 2012 ...... 1269, V7
CERTIFICATE OF SERVICE (Claimant's Motion regarding Appeal filed June 13,2012), filed June 13, 2012 ...... 1274, V7
CERTIFICATE OF SERVICE (Claimant's Motion to Include filed June 13,2012), filed June 13, 2012 ...... 1272, V7
CERTIFICATE OF SERVICE (Claimant's Motion for Mediation filed June 14,2012), filed June 14, 2012 ...... 1286, V7
CERTIFICATE OF SERVICE (Claimant's Motion to Include and Motion to Add, filed June 14,2012), filed June 14, 2012 ...... 1287, V7
CERTIFICATE OF SERVICE (Claimant's Requests for additional records filed June 14,2012), filed June 15, 2012 ...... 1291, V7
CERTIFICATE OF SERVICE (Claimant's Motion for Reconsideration filed June 15,2012), filed June 18, 2012 ...... 1294, V7
CERTIFICATE OF SERVICE (Claimant's Request for Application filed June 18, 2012), filed June 19, 2012 ...... 1296, V7
CERTIFICATE OF SERVICE (Claimant'S Motion to Amend Appeal filed June 22, 2012), filed June 26, 2012 ...... 1305, V7
CERTIFICATE OF SERVICE (Claimant's Motion to Set Aside Attorney Lien filed June 26, 2012 and Motion to Amend Motion to Set Aside Attorney Lien filed June 27, 2012), filed June 27, 20 12 ...... 1313, V7
CERTIFICATE OF SERVICE (Claimant's Motion for New Hearing), filed July 5, 2012 ...... 1336, V8
CERTIFICATE OF SERVICE (Claimant's Brief), filed July 9, 2012 ...... 1362, V8
CERTIFICATE OF SERVICE (Documents on Claimant), filed July 10, 2012 ...... 1371, V8
CERTIFICATE OF SERVICE (Claimant's Motions Re Clarification), filed July 13, 2012 ...... 1379, V8
CERTIFICATE OF SERVICE (Claimant's Notice Amending Appeal), filed July 13,2012 ...... 1390, V8
CERTIFICATE OF SERVICE OF WORKERS' COMPENSATION COMPLAINT, filed July 9, 2008 ...... 4, VI
CERTIFICATION, dated June 4, 2012 ...... 1236, V7
CERTIFICATION, dated July 16, 2012 ...... 1391, V8
CERTIFICATION OF RECORD, dated July 18, 2012 ...... 1392, V8
INDEX (S.c. # 40016-2012 RE: James Clark) - 7 CERTIFICATION ON FILING FEES, Dated June 14, 2012 ...... 1290, V7
CLAIMANT'S 9TH CONTINUATION OF DOCUMENTS AND THING (Exhibits for Deposition on February 24,2011 and March 2,2011 -listed with and included in Exhibits), Dated February 17,2011, (handwritten - 1 page), filed February 17, 2011 ...... 1017, V6
CLAIMANT'S ADDITION TO MOTION TO GET CONTINUED TRANSPORTATION, (handwritten 1 page), filed November 13, 2009 ...... 693, V4
CLAIMANT'S ADDITIONS TO REQUEST FOR MORE TIME, Dated May 11,2012, (handwritten - 2 pages with attachments), filed May 14, 2012 ...... 1189, V7
CLAIMANT'S (AMENDED) WORKERS' COMPENSATION COMPLAINT (20 pages), filed August 4, 2009 ...... 575, V3
CLAIMANT'S ANSWER TO ANSWER TO COMPLAINT, Dated August 1,2008, (handwritten - 2 pages), filed August 5, 2008 ...... 10, VI
CLAIMANT'S BRIEF ON MOTION TO DENY ATTORNEY'S LIEN, (typed - 25 pages), filed July 9, 2012 ...... 1337, V8
CLAIMANT'S CONTINUATION OF MEDICAL RECORDS FOR CONSIDERATION ON CLAIMANT'S CLAIM OF APRIL 17,2008, Dated March 29, 2011, (handwritten- 1 page with attachments listed with and included Exhibits), filed March 29, 2011 ...... 1041, V6
CLAIMANT'S COVER PAGE AND REQUEST TO ADD WITNESS, Dated August 8,2009, (handwritten - 2 pages), filed September 8,2009 ...... 669, V4
CLAIMANT'S DOCUMENTS, (14 pages) filed February 9, 2009 ...... 267, V2
CLAIMANT'S DOCUMENTS, filed March 2,2009 ...... 379, V2 • Request for Subpoenas, dated February 28, 2009, (handwritten - 3 pages with attachments) • Objection to Defendant's Witness List, dated February 28,2009, (handwritten - 2 pages)
CLAIMANT'S DOCUMENTS, filed February 20, 2012 ...... 304, V2 • Re West Valley Medical Center Authorization for Release, Dated February 18, 2009, (handwritten - 1 page with attached original miscellaneous Authorizations) • Response to Defendants' Interrogatories to Claimant, Dated February 18, 2009, (handwritten - 6 pages) • Response to Defendants' Request for Production of Documents and Things, Dated February 18, 2009, (handwritten - 3 pages)
CLAIMANT'S DOCUMENT, Dated May 21, 2012, (handwritten - 4 pages), filed May 21, 2012 ...... 1194, V7
CLAIMANT'S EVIDENCE AND EXHIBITS with PHOTOS, Dated November 3,2009, (handwritten - 1 page with 2 photos), filed November 6, 2009 ...... 681, V4
INDEX (S.C. # 40016-2012 RE: James Clark) - 8 CLAIMANT'S FILING OF NOTICE OF CLAIM STATUS FROM STATE INSUR.A.NCE FUND, dated May 17, 2012, filed May 22, 2012 ...... 1200, V7
CLAIMANT'S FILING OF SOCIAL SECURITY ADMINISTRATION DECISION, 1 page, filed May 21, 2012 ...... 1199, V7
CLAIMANT'S LETTER PAGE 3 OF 3, (handwritten - 1 page), filed June 15,2009 ...... 518, V3
CLAIMANT'S LETTER RE REQUEST FOR MEDIATION HEARING, Dated January 19, 2009, (handwritten - 1 page), filed January 20, 2009 ...... 241, V2
CLAIMANT'S LETTER REGARDING INABILITY TO RESPOND, Dated February 16, 2008, (handwritten-1 page), filed February 17,2009 ...... 300, V2
CLAIMANT'S LETTER REGARDING VIOLATION OF RULES BY STATE FUND, Dated January 17, 2009, (handwritten - 3 pages), filed January 20, 2009 ...... 233, V2
CLAIMANT'S LETTER REQUESTING EXTENSION OF TIME TO RESPOND, Dated February 12, 2009, (handwritten - 2 pages), filed February 12, 2009 ...... 288, V2
CLAIMANT'S LETTER REQUESTING REFILING OF COMPLAINT, Dated January 16, 2009, (handwritten - 1 page), filed January 20, 2009 ...... 232, V2
CLAIMANT'S LETTER REQUESTING TO REVISE SHOW CAUSE HEARING, Dated January 15,2009, (handwritten - 1 page w/attachment), filed January 20, 2009 ...... 230, V2
CLAIMANT'S LETTER TO DEFENDANTS REGARDING OFFER OF SETTLEMENT, Dated January 18,2009, (handwritten - 5 pages), filed January 20, 2009 ...... 236, V2
CLAIMANT'S LETTER TO DEFENDANTS REGARDING PHONE CONVERSATION OF FEBRUARY 13,2009, Dated February 13,2009, (handwritten - 2 pages), Filed February 13, 2009 ...... 295, V2
CLAIMANT'S LETTER TO DEFENDANTS REGARDING PHONE CONVERSATION OF FEBRUARY 13,2009, Dated February 13,2009, (handv:,:ritten - 2 pages), filed February 17, 2009 ...... 297, V2
CLAIMANT'S LETTER TO DEFENDANTS' REGARDING SETTLEMENT, Dated July 27,2009, (handwritten - 11 pages), filed July 27, 2009 ...... 539, V3
CLAIMANT'S LETTER TO DEFENDANTS REQUESTING COPIES OF MEDICAL PROVIDER, Dated February 6, 2009, (handwritten - 1 page), filed February 6, 2009 ...... 266, V2
CLAIMANT'S LETTER TO DEFENDANTS REQUESTING DOCUMENT AND MEDICAL RELEASES, Dated February 12,2008, (handwritten - 1 page), filed February 12, 2009 ...... 286, V2
CLAIMANT'S LETTER TO MS. OWEN, Dated August 18, 2009, (handwritten 1 page), Filed August 18, 2009 ...... 610, V4
INDEX (S.C. # 40016-2012 RE: James Clark) - 9 CLAIMANT'S LETTER TO MS. OWEN, Dated August 21,2009, (handwritten - 1 page), Filed August 21, 2009 ...... 614, \l4
CLAIMANT'S LETTER TO MS. OWEN REGARDING ADDITIONAL WITNESS, (handwritten - 1 page), filed August 24, 2009 ...... 616, V4
CLAIMANT'S LETTER TO MS. OWEN REGARDING PSYCHIATRIC EVALUATION, Dated November 17,2009, (handwritten - 2 pages), filed November 17,2009 ...... 704, V4
CLAIMANT'S LETTER TO MS. OWENS REQUESTING MEDICAL RECORDS, Dated January 12, 2009, (handwritten - 1 page), filed January 12, 2009 ...... 222, V2
CLAIMANT'S LETTER TO REFEREE DATED APRIL 26, 2009, (handwritten - 5 pages), filed April 27, 2009 ...... 410, V3
CLAIMANT'S LETTER WITHDRAWING PROPOSED SETTLEMENT, Dated January 22,2009, (handwritten - 1 page), filed January 22, 2009 ...... 243, V2
CLAIMANT'S LETTERS, filed June 15, 2009 ...... 51 0, V3 • To Commission, (handwritten - 5 pages) • To Defendants, dated June 15,2009, (handwritten - 2 of 3 pages)
CLAIMANT'S MEMORANDUM IN SUPPORT OF MOTION TO COMPEL, (handwritten - 15 pages), filed January 26, 2009 ...... 247, V2
CLAIMANT'S MOTION CLAIMANT'S APPEAL BEFORE THE COMMISSION IS TO INCLUDE ALL L YN'N M LUKERS FILING FOR ATTORNEY WITHDRAW AND FOR ATTORNEY LIEN, Dated June 13, 2012, (handwritten - 1 page), filed June 13, 2012 ...... 1273, V7
CLAIMANT'S MOTION CLARIFICATION OF RULE 14 ATTORt"'JEY WITHDRtA. W (2 Questions), (typed - 2 pages), filed July 13, 2012 ...... l375, V8
CLAIMANT'S MOTION CLARIFICATION OF RULE 14 ATTORNEY WITHDRAW (3 Questions), (typed- 2 pages), filed July 13, 2012 ...... 1377, V8
CLAIMANT'S MOTION FOR ALL DOCUMENTS AND THINGS, Dated May 22, 2012, (handwritten - 2 pages), filed May 22, 2012 ...... 1214, V7
CLAIMANT'S MOTION FOR APPROVAL OF EXTENSION OF TIME SO CLAIMANT CAN PROPERLY ADDRESS COMMISSION ORDER, (typed - 2 pages), filed May 14, 2012 ...... 1187, V7
CLAIMANT'S MOTION FOR CLARIFICATION, Dated May 22,2012, (handwritten- 2 pages), filed May 22, 2012 ...... 1212, V7
CLAIMANT'S MOTION FOR COMMISSION TO SEND CLAIMANTS DISMISSAL OF CLAIMANT CLAIM BEFORE JANUARY 5, 2010, (handwritten - 3 pages), filed June 12, 2012 ...... 1259, V7
INDEX (S.c. # 40016-2012 RE: James Clark) - 10 CLAIMANT'S MOTION FOR DOCUMENTS AND THINGS, (handwritten - 1 page), filed November 13, 2009 ...... 698, V4
CLAIMANT'S MOTION FOR EXTENDED TIME, Dated May 11,2012, (handwritten- 1 page), filed May 11, 2012 ...... 1186, V7
CLAIMANT'S MOTION FOR EXTENDED TIME TO SEE NEW COUNSEL, (handwritten - 3 pages), filed December 27,201 0 ...... 917, V5
CLAIMANT'S MOTION FOR INDUSTRIAL COMMISSION TO FORWARD COMPLAINT TO THE COURT OF APPEAL FOR RECONSIDERl\TION, Dated November 10,2009, (handwritten - 2 pages), filed November 10, 2009 ...... 685, V4
CLAIMAINT'S MOTION FOR MEDIATION WITH LYNN LUKER, Dated June 14, 2012, (handwritten - 1 page), filed June 14,20 12 ...... 1285, V7
CLAIMANT'S MOTION FOR NEW HEARING BASED ON NEW FINDINGS OF FACTS, (typed - 14 pages), filed July 5, 2012 ...... 1322, V8
CLAIMANT'S MOTION FOR RECONSIDER,<\TION, Dated March 4, 2011, (handwritten - 4 pages, faxed and hard cOPY), filed March 4, 2011 ...... 1019, V6
CLAIMANT'S MOTION FOR RECONSIDERATION ON DENYING CLAIMANT'S MOTION FOR DOCUMENTS FILED JUNE 7, 2012, (handwritten - 2 pages), filed June 13, 2012 ...... 1263, V7
CLAIMANT'S MOTION FOR RECONSIDERATION ON DENYING CLAIMANT'S MOTION ON JUNE 7, 2012 FOR FINAL REVIEW OF ALL RECORDS FROM STATE FUND, (handwritten - 2 pages), filed June 15, 2012 ...... 1292, V7
CLAIMANT'S MOTION REQUEST FOR NEW HEARING AND TR.~NSPORTATION, (handwritten - 6 pages), filed January 12, 2011...... 949, V5
CLAIMANT'S MOTION REQUESTING MEDIATION, Dated January 5,2011, (handwritten - 1 page), filed January 5, 2011 ...... 938, V5
CLAIMANT'S MOTION TO ADD ALL RECORD OF FILING BEFORE CLAIMANTS HEARING NOVEMBER 18,2008 AND AFTER HEARING, Dated June 14,2012, (handwritten - 3 pages), filed June 14, 20 12 ...... 1282, V7
CLAIMANT'S MOTION TO ALLOW IMPACT STATEMENT, Dated January 5, 2011, (handwritten - 1 page), filed January 5, 2011 ...... 937, V5
CLAIMANT'S MOTION TO ALLOW THIS MOTION TO BE CLAIMANT'S LAST MOTION SO THE COMMISSION CAN BRING CLAIMANT CLAIM TO A RESOLUTION OR BRING TO A END, Dated January 25, 2011, (handwritten - 14 pages), filedJanuary25,2011 ...... 974, V6
CLAIMANT'S MOTION TO AMEND, Dated January 5, 2011, (handwritten - 3 pages), filed January 5, 2011 ...... 927, V5
INDEX (S.C. # 40016-2012 RE: James Clark) - 11 CLAIMANT'S MOTION TO AMEND APPEAL TO ADD FOR REQUEST FOR ADDITIONAL RECORDS, (typed - 3 pages), filed June 22, 2012 ...... 1302, V7
CLAIMANT'S MOTION TO AMEND COMPLAINT, FILED June 18,2010 ...... 745, V4
CLAIMANT'S MOTION TO AMEND MOTION FOR RECONSIDERATION FILED JUNE 13,2012, Dated June 13,2012, (handwritten -1 page), filed June 13,2012 ...... 1268, V7
CLAIMANT'S MOTION TO AMEND MOTION TO SET ASIDE ATTORNEY LIEN UNTIL FINAL DECISION OF THE STATE APPELLATE COURT, Dated June 27, 2012, (typed - 3 pages), filed June 27, 2012 ...... 1310, V7
CLAIMANT'S MOTION TO CEASE AND DESIST, Dated September 7,2009, (handwritten - 5 pages), filed September 8, 2009 ...... 673, V4
CLAIMANT'S MOTION TO CONSIDER ALL RECORDS RECEIVED FROM IDAHO DEPARTMENT OF CORRECTION DEEMED MOOT, (handwritten - 4 pages), filed August 4, 2009 ...... 596, V3
CLAIMANT'S MOTION TO CONTINUE TRA.NSPORTATION, Dated November 12,2009, (handwritten 4 pages), filed November 12,2009 ...... 688, V4
CLAIMANT'S MOTION TO INCLUDE IN CLAIMANT APPEAL TO THE IDAHO STATE COURT OF APPEAL, Dated June 13,2012, (handwritten - 2 pages), filed June 13, 2012 ...... 1270, V7
CLAIMANT'S MOTION TO INCLUDE IN FILING TO THE COURT OF APPEAL, Dated June 14, 2012, (handwritten - 2 pages), filed June 14, 2012 ...... 1280, V7
CLAIMANT'S MOTION TO MOVE FORWARD AND RESPONSE TO OTHER MOTIONS BEFORE THE COMMISSION, Dated January 5, 2011, (handwritten- 6 pages), filed January 5, 2011 ...... 921, V5
CLAIMANT'S MOTION TO MOVE FORWARD REGARDING DEPOSITIONS, Dated January 18,2011, (handwritten - 1 page), filed January 19,2011 ...... 970, V6
CLAIMANT'S MOTION TO MOVE FORWARD TO IDAHO STATE SUPREME COURT OF APPEAL, (handwritten - 5 pages), filed June 2, 2009 ...... 447, V3
CLAIMANT'S MOTION TO ORDER CONTINUE MEDICAL TREATMENT, dated August 3, 2009, (handwritten 2 pages with attachments), filed August 3,2009 ...... 564, V3
CLAIMANT'S MOTION TO PRODUCE DOCUMENTS AND THINGS, (handwritten - 3 pages), filed August 5, 2009 ...... 606, V4
CLAIMANT'S MOTION TO PRODUCE DOCUMENTS AND THINGS, Dated January 5, 2011, (handwritten - 4 page), filed January 5, 2011 ...... 933, V5
CLAIMANT'S MOTION TO RECONSIDER, (handwritten - 1 page), filed June 23,2009 ...... 523, V3
INDEX (S.C. # 40016-2012 RE: James Clark) - 12 CLAIMANT'S MOTION TO REVISE SHOW CAUSE HEARlNG, Dated January 14,2009, (handwritten - 1 page with attachments), filed January 14, 2009 ...... 225, V2
CLAIMANT'S MOTION TO SET ASIDE ATTORNEY LIEN UNTIL FINAL DECISION OF THE STATE APPELLATE COURT, Dated June 26, 2012, (typed 3 pages), Filed June 26, 2012 ...... 1306, V7
CLAIMANT'S NOTICE OF AMENDING APPEAL TO INCLUDE GRANTED ATTORNEY FEE, (typed - 10 pages), filed July l3, 2012 ...... l380, V8
CLAIMANT'S NOTICE OF CHANGE OF ADDRESS, Dated January 29,2011, (handwritten-l page), filed January 31,2011 ...... 995, V6
CLAIMANT'S NOTICE OF CHANGE OF ADDRESS, (handwritten 1 page), filed February 27, 2012 ...... 1072, V6
CLAIMANT'S NOTICE OF COMPLIANCE, Dated November 15,2009, (handwritten- 1 page with attachments), filed November 16, 2009 ...... 700, V4
CLAIMANT'S NOTICE REGARDING COMMISSION'S ORDER, (handwritten - 1 page), filed November 19, 2009 ...... 715, V4
CLAIMANT'S NOTICE OF SERVICE OF DISCOVERY, filed March 15,2010 ...... 743, V4
CLAIMANT'S NOTICE OF SERVICE OF DISCOVERY, filed October l3, 2010 ...... 768, V4
CLAIMANT'S OBJECTION AND MOTION TO QUASH DEFENDANTS' TELEPHONIC DEPOSITION OF DR. ERIC HOLT, filed December 16, 2010 ...... 884, V5
CLAIMANT'S OBJECTION TO DEFENDANTS' AUGUST 28, 2009 FILING AND RESPONSES TO MOTION TO RECONSIDER, Dated September 7, 2009, (handwritten- 2 pages), filed September 8, 2009 ...... 671, V4
CLAIMANT'S ORDER OF MOTION TO ALLOW FACTS & DOCUMENT TO BE PUT ON RECORD THAT ARE RELEVANT TO THE OUTCOME OF MY CASE, (handwritten - 5 pages), filed June 2, 2009 ...... 452, V3
CLAIMANT'S ORDER OF MOTION TO CEASE AND DESIST, (handwritten - 5 pages), Filed June 5, 2009 ...... 460, V3
CLAIMANT'S QUESTION FOR COMMISSION, Dated January 5, 2011, (handwritten- 3 pages), filed January, 2011 ...... 930, V5
CLAIMANT'S (RENEWED) REQUEST FOR THE COMMISSION TO MOVE FORWARD AND MAKE DETER.MINATION, Dated January 31,2011, (handwritten- 1 page), filed January 31, 20 11 ...... 996, V6
CLAIMANT'S REQUEST FOR APPLICATION, Dated June 18,2012, (handwritten- 1 page), filed June 18, 2012 ...... 1295, V7
INDEX (S.c. # 40016-2012 RE: James Clark) - 13 CLAIMANT'S REQUEST FOR CALENDARING, Dated August 1,2008, (handwritten 2 pages), filed August 5, 2008 ...... 12, VI
CLAIMANT'S REQUEST FOR COMPLAINT TO BE HANDED TO COURT OF APPEAL TO BE HEARD FOR RECONSIDERATION, Dated September 1, 2009 (handwritten- 7 pages), filed September 1, 2009 ...... 661, V4
CLAIMANT'S REQUEST FOR CONTI~ruANCE TO HIRE ATTORNEY, Dated October 15, 2008, (handwritten - 1 page), filed October 15, 2008 ...... 166, VI
CLAIMAl\T'S REQUEST FOR COPIES OF LUKER'S WITHDRAWAL ON DECEMBER 27, 20 I 0, Dated May 22, 2012, (handwritten - 1 page), filed May 22,2012 ...... 1198, V7
CLAIMANT'S REQUEST FOR DISMISSAL OF COMPLAINT WITHOUT PREJUDICE, Dated October 17, 2008, (handwritten - 1 page), filed October 17, 2008 ...... 169, VI
CLAMANT'S REQUEST FOR DOCUMENTS, Dated September 8,2009, (handwritten - 1 page), filed September 8, 2009 ...... 678, V 4
CLAIMANT'S REQUEST FOR EMERGENCY PHONE CONFERENCE, (handwritten - 2 pages with attachments), filed February 3, 2012 ...... 1067, V6
CLAIMANT'S REQUEST FOR HEARING, filed June 18, 2010 ...... 749, V4
CLAIMANT'S REQUEST FOR UPDATE REGARDING CLAIMANT'S BRIEF FILED MAY 27, 2011, Dated September 29,2011, (handwritten - 1 page), filed September 29, 20 11 ...... 1052, V6
CLAIMANT'S REQUEST FOR USE OF DVD PLAYER AT ORAL EXAM INA TION OF CRAIG BEAVER PH.D. AND DOUG CRUM, C.D.M.S., AND RICHARD WILSON, Dated February 9, 2011, (handwritten 1 page), filed February 10,2011 ...... 1015, V6
CLAIMANT'S REQUEST OF DOCUMENTS SENT TO COMMISSION BY CLAIMANT'S ATTORNEY, Dated June 11,2012, (typed - 2 pages), filed June 11,2012 ...... 1250, V7
CLAIMANT'S REQUEST OF DOCUMENTS SENT TO COMMISSION BY CLAIMANT'S ATTORNEY REVISED VERSION, Dated June 11,2012, (typed 2 pages), filed June 11, 2012 ...... 1252, V7
CLAIMANT'S REQUEST THAT SANDY BASKETT'S DEPOSITION BE HELD BEFORE THE COMMISSION, Dated January 18,2011, (handwritten 1 page), filed January 19, 2011 ...... 968, V5
CLAIMANT'S REQUEST TO HAVE ALL DEPOSITIONS HELD IN CLAIMANT'S HOME TOY-lN, Dated January 20, 2011, (handwritten - 1 page), filed January 20,2011 ...... 967, V5
CLAIMANT'S REQUEST TO HAVE THE DEFENDANTS FOLLOW THROUGH WITH DR. HOLT'S DEPOSITION, Dated January 18,2011, (handwritten - 1 page), filed January 18,20 11 ...... 963, V5
INDEX (S.C. # 40016-2012 RE: James Clark) - 14 CLAIMANT'S REQUEST TO HOLD SANDY BASKETT'S AND DOUGLAS N. CRUM, CDMS, DEPOSITIONS BE HELD FIRST, Dated January 18,2011, (handwritten 1 page), filed January 19,2011 ...... 969, V5
CLAIMANT'S REQUESTING CLARIFICATION OF ORDER TO CLARIFY FILED DECEMBER 23, 2009, (handwritten - 7 pages), filed December 28, 2009 ...... 719, V4
CLAIMANT'S RESPONSE TO DEFENDANTS' REQUEST FOR SANCTIONS, (4 pages) filed February 27, 2009 ...... 363, V2
CLAIMANT'S RESPONSE TO DEFENDANTS' REQUEST FOR TELEPHONE CONFERENCE, filed February 10, 2010 ...... 734, V4
CLAIMANT'S RESPONSE TO DEFENDANTS' RESPONSE OF NEW COMPLAINT, (handwritten - 11 pages), filed August 31, 2009 ...... 649, V4
CLAIMANT'S RESPONSE TO DEFENDANT'S SECOND MOTION TO ALLOW TESTIMONY VIA TELEPHONE, filed November 8,2010 ...... 824, V5
CLAIMANT'S RESPONSE TO JULY 28,2009 OF ORDER DISMISSING COMPLAINT BY INDUSTRIAL COMMISSION MOTION TO RECONSIDER, Dated August 3, 2009, (handwritten - 10 pages), Filed August 3, 2009 ...... 554, V3
CLAIMANT'S RESPONSE TO NOTICE OF INTENT TO RECOMMEND DISMISSAL FILED JUNE 29, 2009 WITH THE INDUSTRIAL COMMISSION, (handwritten - 7 pages with attachments), filed July 14, 2009 ...... 527, V3
CLAIMANT'S RESPONSE TO TRANSPORTATION, Dated January 19,2011, (handwritten 1 page), filed January 19, 2011 ...... 971, V6
CLAIMANT'S SECOND MOTION FOR EXTENDED TIME ON APPEAL PROCESS, Dated May 18,2012, (handwritten - 1 page), filed May 18,2012 ...... 1193, V7
CLAIMANT'S SECOND REQUEST FOR EXTENDED TIME ON RESPONSE BRIEF OF ATTORNEY LIEN ORDER, dated May 14,2012, (handwritten- 1 page), filed May 14, 2012 ...... 1192, V7
CLAIMANT'S SECOND REQUEST FOR EXTENSION OF TIME TO RESPOND TO ATTORNEYS LIEN, Dated June 12,2012, (typed 2 pages), filed June 12,2012 ...... 1256, V7
CLAIMANT'S THIRD MOTION FOR COMMISSION TO HA VE LYNN LUKER SEND CLAIMANT CLAIMANT'S FULLY SIGNED CONTRACT, (typed 2 pages), filed June 6, 2012 ...... 1239, V7
CLAIMANT'S WITHDRAWING MOTION TO ALLOW ATTORNEY'S LIEN FILED 23 RD DAY OF DECEMBER, 2010, Dated January 18, 2011, (handwritten 2 pages), filed January 18, 2011 ...... 964, V 5
CLAIMANT'S WITNESS LIST, (handwritten - 4 pages), filed August 5, 2009 ...... 601, V4
CLAIMANT'S WITNESS LIST, (handwritten 1 page), filed August 18,2009 ...... 612, V4
I~1)EX (S.c. # 40016-2012 RE: James Clark) - 15 DEFENDANTS' AFFIDAVIT OF COUNSEL IN SUPPORT OF MOTION TO COMPEL, Filed September 24, 2008 ...... 103, VI
DEFENDANTS ' AFFIDAVIT OF COUNSEL IN SUPPORT OF SECOND MOTION TO ALLOW HEARING TESTIMONY VIA TELEPHONE, filed November 4,2010 ...... 769, V5
DEFENDANTS' AFFIDAVIT OF JEWEL OWEN IN SUPPORT OF SECOND MOTION TO ALLOW HEARING TESTIMONY VIA TELEPHONE, filed November 4,2010 ...... 811, V5
DEFENDANTS' AMENDED ANSWER TO AMENDED COMPLAINT, filed August 26, 2009 ...... 621, V 4
DEFENDANTS' AMENDED NOTICE OF TAKING DEPOSITION UPON ORAL EXArvllNATION (JAMES CLARK), filed October 7, 20lO ...... 765, V4
DEFENDANTS' AMENDED NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (CRAIG BEAVER, PH.D.), filed December 8, 2010 ...... 872, V5
DEFENDANTS' AMENDED NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (RICHARD WILSON, M.D.), filed December 8, 2010 ...... 869, V5
DEFENDANTS' AMENDED NOTICE OF TAKING TELEPHONIC POST-HEARING DEPOSITION UPON ORAL EXAMINATION (ERIC HOLT, M.D.), filed December 14, 2010 ...... 881, V5
DEFENDANTS' ANSWER TO AMENDED COMPLAINT, filed August 25, 2009 ...... 619, V4
DEFENDANTS' FIRST SUPPLEMENTAL NOTICE OF SERVICE OF JOINT HEARING EXHIBITS PURSUANT TO lR.P. 10, filed November 12, 2010 ...... 846, V5
DEFENDANTS' LETTER TO CLAIMANT, Dated June 26, 2012 ...... 1309, V7
DEFENDANTS' LETTER TO CLAIMANT VIA FIRST CLASS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED, Dated June 12,2009, filed June 12,2009 ...... 473, V3
DEFENDANTS' LETTER TO CLAIMANT VIA FIRST CLASS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED, Dated June 15,2009, filed June 15,2009 ...... 520, V3
DEFENDANTS' LETTER TO CLAIMANT VIA FIRST CLASS CERTIFIED MAIL RETURN RECEIPT REQUESTED, Dated June 16,2009, filed June 16,2009 ...... 522, V3
DEFENDANTS' LETTER TO CLAIMANT VIA FIRST CLASS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED, Dated August 25,2009, filed August 25,2009 ...... 618, V4
DEFENDANTS' LETTER TO REFEREE, dated June 12,2009, filed June 12,2009 ...... 509, V3
DEFENDANTS' LETTER TO REFEREE CLAIMANT'S "REFUSED" MAIL, Dated February 2, 2011, filed February 2, 2011 ...... 100 1, V6
INDEX (S.C. # 40016-2012 RE: James Clark) - 16 DEFENDANTS' MEMORANDUM IN SUPPORT OF MOTION TO COMPEL, filed September 24, 2008 ...... 92, VI
DEFENDANTS' MOTION FOR SANCTIONS, filed February 25,2009 ...... 333, V2
DEFENDANTS' MOTION TO ALLOW HEARING TESTIMONY VIA TELEPHONE and MOTION TO SHORTEN TIME, filed February 27, 2009 ...... 373, V2
DEFENDANTS' MOTION TO COMPEL DISCOVERY AND EXECUTION OF MEDICAL AND ADMINISTRATIVE RECORDS RELEASES, filed September 24,2008 ...... 89, VI
DEFENDANTS' MOTION TO STRIKE, filed June 7,2011 ...... 1048, V6
DEFENDANTS' MOTION TO VACATE TELEPHONE CONFERENCE, filed March 3, 2010 ...... 739, V4
DEFENDANTS' NOTICE OF EXCHANGE OF EXHIBITS AND DISCLOSURES PURSUANT TO RULE 10, filed February 27, 2009 ...... 368, V2
DEFENDANTS' NOTICE OF FILING, filed August 15, 2008 ...... 17, VI
DEFENDANTS' NOTICE OF FILING, filed August 12, 2010 ...... 758, V4
DEFENDANTS' NOTICE OF FILING, filed August 26, 2010 ...... 760, V4
DEFENDANTS' NOTICE OF FILING, filed November 8, 2010 ...... 838, V5
DEFENDANTS' NOTICE OF FILING, filed November 9, 2010 ...... 843, V5
DEFENDANTS' NOTICE OF FILING, filed November 16, 2010 ...... 852, V5
DEFENDANTS' NOTICE OF FILING, filed January 31, 2012 ...... 1054, V6
DEFENDANTS' NOTICE OF FILING, filed January 31, 2012 ...... 1063, V6
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (CRAIG BEAVER, PH.D.), filed November 8, 2010 ...... 828, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (DOUG CRUM, C.D.M.S.), filed November 8, 2010 ...... 826, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (ERIC HOLT, M.D.), filed November 8,2010 ...... 836, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (1. HARRISON WHITCOMB, LCSW), filed November 8, 2010 ...... 830, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (RICHARD WILSON, M.D.), filed November 8, 2010 ...... 834, V5
INDEX (S.c. # 40016-2012 RE: James Clark) -17 DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (SI STEINBERG, M.D.), filed November 8, 2010 ...... 832, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (JAMES MORLAND, M.D.), filed November 12, 2010 ...... 850, V5
DEFENDANTS' NOTICE OF INTENT TO TAKE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (ROBERT HANSON, M.D.), filed November 12, 2010 ...... 848, V5
DEFENDANTS' NOTICE OF SERVICE OF JOINT HEARING EXHIBITS PURSUANT TO J.R.P. 10, filed November 5, 2010 ...... 820, V5
DEFENDANTS' NOTICE OF SUBSTITUTION OF COuNSEL, filed August 6, 2008 ...... 15, VI
DEFENDANTS' NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION (JAMES CLARK), filed October 6,2010 ...... 762, V4
DEFENDANTS' NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION (LARRY ROBB), filed November 9, 2010 ...... 840, V5
DEFENDANTS' NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION (DOUG CRUM, CD.M.S.), filed February 7, 2011 ...... 1005, V6
DEFENDANTS' NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (CRAIG BEAVER, PH.D.), filed November 30,2010 ...... 862, V5
DEFENDANTS' NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (RICHARD WILSON, M.D.), filed November 30,2010 ...... 859, V5
DEFENDANTS' NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (ROBERT HANSON, M.D.), filed November 30,2010 ...... 856, V5
DEFENDANTS' NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (JEWEL OWEN), filed December 7,2010 ...... 865, V5
DEFENDANTS' NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (J. HARRISON WHITCOMB, LCSW), filed December 13,201 0 ...... 878, V5
DEFENDANTS' NOTICE OF TAKING TELEPHONIC POST-HEARING DEPOSITION UPON ORAL EXAMINATION (ERIC HOLT, M.D.), filed December 13,2010 ...... 875, V5
DEFENDANTS' NOTICE OF VACATING POST-HEARING DEPOSITION UPON ORAL EXAM INA TION (J. HARRISON WHITCOMB, LCSW), filed December 21, 2010 ...... 892, V5
DEFENDANTS' NOTICE OF VACATING TELEPHONIC POST-HEARING DEPOSITION UPON ORAL EXAMINATION (ERIC HOLT, M.D.), filed December 21, 2010 ...... 895, V5
DEFENDANTS' OBJECTION TO CLAIMANT'S AUGUST 3,2009 THROUGH AUGUST 24, 2009 FILINGS AND RESPONSE TO MOTION TO RECONSIDER, filed August 28,2009 ...... 623, V4
INDEX (S.c. # 40016-2012 RE: James Clark) - 18 DEFENDANTS' OBJECTION TO CLAIMANT'S REQUEST FOR ADDITIONAL TIME TO PROVIDE SIGNED RELEASED AND DISCOVERY RESPONSES, filed February 11, 2009 ...... 283, V2
DEFENDANTS' OBJECTION TO CLAIMANT'S REQUEST FOR TRANSPORTATION FILED JANUARY 12, 2011, filed January 18, 2011 ...... 961, V5
DEFENDANTS' OBJECTION TO CLAIMANT'S SECOND REQUEST FOR ADDITIONAL TIME TO PROVIDE SIGNED RELEASES AND DISCOVERY RESPONSES FILED FEBRUARY 12,2009, filed February 13, 2009 ...... 291, V2
DEFENDANTS' OBJECTION TO REQUEST FOR CALENDARING, filed August 15,2008 ...... 19, VI
DEFENDANTS' OBJECTION TO SUBPOENA, filed March 3, 2009 ...... 398, V3
DEFENDANTS' REQUEST FOR ADDITIONAL RECORDS, filed June 13,2012 ...... 1275, V7
DEFENDANTS' REQUEST FOR HEARING, filed January 6, 2009 ...... 213, V2
DEFENDANTS' REQUEST FOR TELEPHONE CONFERENCE, filed January 11,2011 ...... 940, V5
DEFENDANTS' REQUEST FOR TELEPHONIC STATUS CONFERENCE, Filed September 11, 2008 ...... 87, VI
DEFENDANTS' REQUEST FOR TELEPHONIC STATUS CONFERENCE, filed January 8, 2010 ...... 727, V4
DEFENDANTS' RESPONSE TO CLAIMANT'S DOCUMENT FILED MARCH 4, 2011, filed l\1arch 8, 2011 ...... 1035, V6
DEFENDANTS' RESPONSE TO CLAIMANT'S DOCUMENT MOTIONS FILED JANUARY 18, JANUARY 20, AND JANUARY 25,2011, filed January 26,2011 ...... 989, V6
DEFENDANT'S RESPONSE TO CLAIMANT'S DOCUMENTS FILED JUNE 2, 2009 and JUNE 5, 2009, filed June 10, 2009 ...... 466, V3
DEFENDANTS' RESPONSE TO CLAIMANT'S FILING OF APRIL 27,2009, filed May 7, 2009 ...... 416, V3
DEFENDANTS' RESPONSE TO CLAIMANT'S LETTERS FILED DECEMBER 3, 2008 AND RESPONSE TO REQUEST FOR CALENDARING, filed December 11,2008 ...... 204, V2
DEFENDANTS' RESPONSE TO CLAIMANT'S LETTERS TO THE COMMISSION, filed October 20, 2008 ...... 171, VI
DEFENDANTS' RESPONSE TO CLAIMANT'S MOTIONS AND DOCUMENTS FILED JANUARY 5, 2011, filed January 11, 2011 ...... 942, V5
DEFENDANTS' RESPONSE TO CLAIMANT'S MOTIONS FILED MAY 22,2012, filed May 23, 2012 ...... 1217, V7
INDEX (S.c. # 40016-2012 RE: James Clark) - 19 DEFENDANTS' RESPONSE TO CLAIMANT'S SECOND REQUEST FOR MEDIATION, Filed January 22, 2009 ...... 245, V2
DEFENDANTS' RESPONSE TO REQUEST FOR HEARING, filed June 25, 2010 ...... 753, V4
DEFENDANTS' SECOND MOTION TO ALLOW HEARING TESTIMONY VIA TELEPHONE AND MOTION TO SHORTEN TIME, filed November 4, 2010 ...... 815, V5
DEFENDANTS' SECOND MOTION TO COMPEL DISCOVERY AND EXECUTION OF MEDICAL AND ADMINISTRATIVE RECORDS RELEASES, filed January 6, 2009 ...... 219, V2
DEFENDANTS' SECOND NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (CRAIG BEAVER, PH.D.), filed February 7, 2011 ...... 1008, V6
DEFENDANTS' SECOND NOTICE OF TAKING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (RICHARD WILSON, M.D.), filed February 7, 2011 ...... 1011, V6
DEFENDANTS' SECOND SUPPLEMENTAL NOTICE OF SERVICE OF JOINT HEARING EXHIBITS PURSUANT TO lR.P. 10, filed November 17,2010 ...... 854, V5
EXHIBITS TO BE PRODUCED AT HEARING ON COMPLAINT FILED JULY 9, 2008, Dated August 22, 2008, (Claimant's handwritten 2 pages w/attachments), filed Septen1ber 9, 2008 ...... 66, VI
FAX CONFIR.MA TION OF COVER SHEET FROM INDUSTRIAL COMMISSION TO DENISE (ANDERSON, JULIAN & HULL) RE TRANSMITTAL OF CLAIMANT'S BRIEF TO DEFENDANTS, dated OS/27/41 [sic] ...... 1046, V6
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION BY REFEREE NOT ADOPTED BY COMMISSIONERS (NOT FILED), Dated April 10,20 12 ...... 1074, V6
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER, filed May 2, 2012 ...... 1126, V7
INDUSTRIAL COMMISSION LETTER TO CLAIMANT, Dated June 22, 2012 ...... 1301, V7
INDUSTRIAL COMMISSION LETTER TO CLAIMANT, Dated June 29,2012 ...... 1320, V7
INDUSTRIAL COMMISSION LETTER TO CLAIMANT, Dated July 5, 2012 ...... 1321, V7
LETTER FROM CLAIMANT RE "FACTS", Dated August 22,2008, (handwritten - 4 pages), filed September 9, 2008 ...... 62, VI
LETTER FROM CLAIMANT RE REQUEST FOR INDUSTRIAL COMMISSION TO REVIEW ALL DOCUMENTS RECEIVED FROM MR. HULL ATTORNEY FOR IDAHO STATE INSURANCE FlJND and REQUEST FOR HEARING, Dated August 22,2008 (handwritten - 2 pages) filed September 9,2008 ...... 35, VI
LETTER FROM CLAIMANT RE REQUEST FOR INTERROGATORIES TO CLAIMANT, Dated August 22,2008, (handwritten - 1 page w/attachments) filed September 9,2008 ...... 42, VI
INDEX (S.C. # 40016-2012 RE: James Clark) - 20 LETTER FROM CLAIMANT RE REQUEST FOR (PRODUCTION OF DOCUMENTS AND THINGS TO CLAIMANT), Dated August 22,2008, (handwritten 1 page w/attachments), filed September 9, 2008 ...... 37, VI
LETTER FROM CLAIMANT RE RESPONSE OR REQUEST FOR SIGNATURE FOR "MEDICAL RELEASE", Dated August 22, 2008, (handwritten 1 page w/attachments), filed September 9, 2008 ...... 52, VI
LETTER FROM CLAIMANT RE SERVICE OF DOCUMENTS AND LETTERS TO ALAN HULL, Dated September 8, 2008, (handwritten 1 page, copy 1 page), filed September 9, 2008 ...... 24, VI
LETTER FROM CLAIMANT RE SERVICE OF REQUEST FOR DOCUMENTS AND THINGS AND INTERROGATORIES TO DEFENDANTS, Dated September 5, 2008, (handwritten - 1 page), filed September 9, 2008 ...... 26, VI
LETTER FROM CLAIMANT REQUESTING HEARING, Dated December 29,2008, (handwritten 1 page), filed December 29, 2008 ...... 209, V2
LETTER FROM CLAIMANT REQUESTING STATUS CONFERENCE, Dated December 29,2008, (handwritten - I page), filed December 29,2008 ...... 208, V2
LETTER FROM CLAIMANT TO DENNIS BURKS REQUESTING MEDIATION, Dated December 3,2008, (handwritten - 1 page), filed December 4,2008 ...... 201, V2
LETTER FROM CLAIMANT TO MR. HULL RE REQUEST FOR AWARD OF $250,000, Dated September 5, 2008, (handwritten 3 pages) filed September 9, 2008 ...... 32, VI
LETTER FROM CLAIMANT TO MRS. OWEN REQUESTING DOCUMENTS, Dated December 3,2008, (handwritten - 1 page), filed December 4,2008 ...... 200, V2
LETTER FROM CLAIMANT TO MS. OWEN, IDAHO STATE INSURANCE FlJND, Dated November 3, 2008, (handwritten - 4 pages faxed), filed November 3, 2008 ...... 173, VI
LETTER FROM CLAIMANT TO THE IDAHO INDUSTRIAL COMMISSION RE REQUEST FOR AWARD OF $250,000, Dated September 5,2008, (handwritten 5 pages), filed September 9, 2008 ...... 27, VI
LETTERS FROM CLAIMANT, filed December 3, 2008 ...... 181, VI • To Referee Requesting hearing, Dated November 29,2008, (handwritten - 2 pages) • To Referee Requesting Hearing, Dated November 30,2008, (handwritten - 3 pages) • To Referee Requesting Production of Documents at Show Cause Hearing, Dated November 30, 2008, (handwritten 1 page) • To Ms. Burke Requesting Forwarding of Show Cause Hearing Requests, (handwritten - 1 page), Dated December 1, 2008 • To Referee Requesting Show Cause, Dated December 1,2008, (handwritten 1 page) • To Referee Requesting Show Cause Hearing, Dated December 1, 2008, (handwritten - 2 pages) • To Referee Regarding Clarification of Phrase, undated, (handwritten - 1 page) • To Referee Re Medical Bills, undated, (handwritten 1 page with attachments)
INDEX (S.c. # 40016-2012 RE: James Clark) - 21 LETTER FROM DEFENDANTS TO REFEREE RE NOTICE OF NOT TAKING POST-HEARING DEPOSITION OF SI STEINBERG, M.D. and J. HARRISON WHITCOMB, LCSW, filed March 7, 20 11 ...... 1028, V6
LETTER FROM INDUSTRIAL COMMISSION TO CLAIMANT REGARDING STATUS OF CASE, Dated October 7, 2011 ...... 1053, V6
LIST OF EXHIBITS ...... (i)
LUKER'S ATTORNEY'S BRIEF ON MOTION FOR APPROVAL OF ATTORNEY'S LIEN, filed May 9, 2012 ...... 1180, V7
LUKER'S ATTORNEY'S RESPONSE TO REQUEST FOR CONTRACT, filed June 8, 2012 ...... 1246, V7
LUKER'S LETTER TO WHOM IT MAY CONCERN REGARDING MOTION TO VACATE TELEPHONE CONFERENCE, Dated March 5, 2010, filed March 8, 2010 ...... 741, V4
MOTION TO WITHDRAW AS COUNSEL (LUKER), filed December 20, 2010 ...... 888, V5
NOTICE CANCELLING TELEPHONE CONFERENCE, filed March 11,2010 ...... 742, V4
NOTICE OF APPEAL, filed June 1,2012, hard copy filed June 8, 2012 ...... 1220, V7
NOTICE OF APPEARANCE (LUKER), FILED January 11,2010...... 732, V4
NOTICE OF COMPLETION, dated July 18,2012 ...... 1393, V8
NOTICE OF HEARING, filed January 13, 2009 ...... 217, V2
NOTICE OF HEARING, filed June 30, 2010 ...... 756, V4
NOTICE OF INTENT TO RECOMMEND DISMISSAL, FILED June 29,2009 ...... 525, V3
NOTICE OF PRE-HEARING TELEPHONE CONFERENCE, filed March 2,2009 ...... 397, V2
NOTICE OF TELPHONE CONFERENCE, filed February 25, 2010 ...... 738, V4
NOTICE OF TELEPHONE CONFERENCE, filed November 5,2010 ...... 823, V5
NOTICE OF TELEPHONE CONFERENCE, filed February 3, 2011 ...... 1004, V6
NOTICE OF TELEPHONE CONFERENCE, filed March 8, 2011 ...... 1034, V6
NOTICE OF TELEPHONE CONFERENCE, filed February 6, 2012 ...... 1071, V6
NOTICE TO THE PARTIES, filed August 6, 2008 ...... 14, VI
NOTICE TO THE PARTIES, filed June 21, 2010 ...... 752, V4
INDEX (S.C. # 40016-2012 RE: James Clark) - 22 NOTICE TO VACATE POST-HEARING DEPOSITION UPON ORAL EXAMINATION (CRAIG BEAVER, PH.D.), filed December 21, 2010 ...... 898, V5
NOTICE TO VACATING POST-HEARING DEPOSITION UPON ORAL EXAMINATION (RICHARD WILSON, M.D.), filed December 21,2010 ...... 901, V5
ORDER APPROVING STPULATION, filed November 18,2009 ...... 713, V4
ORDER DENYING APPELLANT'S MOTION FOR MEDIATION, filed July 10,2012 ...... 1365, V
ORDER DENYING APPELLANT'S MOTION TO AMEND APPEAL TO ADD RECORDS, Filed June 27, 2012 ...... 1314, V7
ORDER DENYING APPELLANT'S REQUESTS FOR ADDITIONAL RECORDS PURSUANT TO LA.R. 19, filed June 19, 2012 ...... 1297, V7
ORDER DENYING CLAIMANT'S MOTION FOR DOCUMENTS, filed June 7, 2012 ...... 1244, V7
ORDER DENYING CLAIMANT'S MOTION TO SET ASIDE, filed June 28, 2012 ...... 1318, V7
ORDER DENYING RECONSIDERATION, filed June 28, 2012 ...... 1316, V7
ORDER DISMISSING APPELLANT'S MOTION FOR NEW HEARING, filed July 10, 20 12 ...... 1363, V8
ORDER DISMISSING COMPLAINT, filed November 26, 2008 ...... 179, VI
ORDER DISMISSING COMPLAINT, filed July 28, 2009 ...... 552, V3
ORDER ESTABLISHING BRIEFING SCHEDULE, filed March 10,2011 ...... 1040, V6
ORDER GRANTING ATTORNEY FEES, filed July 10, 2012 ...... 1367, V8
ORDER GRANTING EXTENSION OF TIME, filed June 13,2012 ...... 1266, V7
ORDER GRANTING WAIVER OF FEES, filed June 14,2012 ...... 1288, V7
ORDER GRANTING WITHDRAWAL OF ATTORNEY, filed December 21, 2010 ...... 890, V5
ORDER ON CALENDARING, filed August 21, 2008 ...... 21, VI
ORDER ON CLAIMANT'S ADDITIONAL MOTIONS, filed January 14,2011 ...... 958, V5
ORDER ON CLAIMANT'S MOTION FOR NEW HEARING AND TRANSPORTA TION, filed January 14, 2011 ...... 956, V5
ORDER ON CLAIMANT'S MOTION TO MOVE FORWARD, filed June 3, 2009 ...... 458, V3
ORDER ON MOTION, filed November 10, 2010 ...... 845, V5
ORDER ON MOTION FOR SUBPOENA, filed March 10,2011 ...... 1039, V6
INDEX (S.C. # 40016-2012 RE: James Clark) - 23 ORDER ON MOTION TO CEASE AND DESIST AND TO NOTICE OF INTENT TO RECOMMEND DISMISSAL, filed June 10, 2009 ...... 471, V3
ORDER ON MOTION TO COMPEL AND OTHER MATTERS, filed February 6, 2009 ...... 263, V2
ORDER ON MOTION TO COMPEL AND SETTING A DEADLINE FOR CLAIMANT TO OBTAIN LEGAL COUNSEL AND NOTICE OF TELEPHONE COKFERENCE, Filed October 2, 2008 ...... 164, VI
ORDER ON MOTIONS, filed February 2, 2011 ...... 999, V6
ORDER ON MOTIONS AND ORDER VACATING HEARING, filed March 5, 2009 ...... 408, V3
ORDER ON REQUEST FOR CONTINUANCE AND CANCELLING TELEPHONE CONFERENCE, filed October 17, 2008 ...... 168, VI
ORDER REGARDING MOTIONS, filed May 22, 2012 ...... 1208, V7
ORDER REGARDING RECONSIDERATION AND ADDITIONAL FILINGS, filed November 18, 2009 ...... 707, V4
ORDER TO CLARIFY, filed December 23, 2009 ...... 717, V4
ORDER TO SHORTEN TIME, filed June 7, 2012 ...... 1242, V7
REFEREE'S LETTER TO CLAIMANT REGARDING FAX FILED WORKERS' COMPENSATION COMPLAINT, Dated March 7, 2011...... 1030, V6
SUPREME COURT ORDER ADOPTING INDUSTRIAL COMMISSION FOR WAIVER OF FILING FEE, Dated June 19, 2012 ...... 1300, V7
SUPREME COURT ORDER CONDITIONALLY DISMISSING APPEAL, Dated June 7, 2012 ...... 1249, V7
STIPULATION REGARDING CONTI}\;'UATION OF BENEFITS, filed November 13,2009 ...... 695, V4
WORKERS' COMPENSATION COMPLAINT, filed July 2, 2008 ...... 1, VI
WORKERS' COMPENSATION COMPLAINT FILED BY EMPLOYER AND SURETY, filed January 6, 2009 ...... 211, V2
INDEX (S.c. # 40016-2012 RE: James Clark) - 24 LIST OF EXHIBITS
REPORTER'S TRANSCRIPT: Taken November 18, 2010 RE: James 'V. Clark TO BE LODGED WITH THE SUPREME COURT.
Joint Exhibits: Volume 1 1. Fonn 1, Notice ofInjury (4117/08) 1-2 2. Dominic Gross, M.D. Horizon Orthopedic and Hand Surgery (4/18/08 6/5/08) 1-11 3. Argam Zia, M.D., Treasure Valley Internal Medicine (4/22/08 - 4/29/08) 1-9 4. Lifeways Mental Health Services (5/6/08 10/1111 0) 1-149 5. Robert Hansen, M.D., West Idaho Orthopedics (6/15/06 -10127/10) 1-68 6. Jeff Smith, PA-C (5/30/08) 1-2 7. Lawrence Green, M.D. (6/27/08) 1-5 8. James Morland, M.D. Meridian Pain Center (8/6/08 8/30110) 1-46 9. Richard Wilson, M.D. (11/13/08; 4/6/10) 1-98 10. Craig Beaver, Ph.D. (411/10 & 4/6/10) 1-48 11. Intennountain Hospital (09/03/09 - 09/07/09; 3115110 3/24/10) 1-43 12. Weiser Memorial Hospital (07/19/07; 4117/07; 8/15/08; 4/1/09) 1-32 13. Saint Alphonsus Regional Medical Center (4/17/08) 1-11 14. West Valley Medical Center (2/19/09; 09111/09; 3/15/10) 1-13 15. Holy Rosary/Sport & Olihopaedic Rehabilitation (02/06/06 - 06/05/06; 4/21108 1-58 - 1/5/09; 4/24/09 - 5/20/09)
Volume 2 16. Machine Photographs 1-2 17. Medical Bills and Horne Care Documents 1-25 18. Claimant's Phannacy List 1 19. Social Security Earnings History 1-12 20. Industrial Commission Rehabilitation Division 1-42 21. Doug Crum, C.D.M.S., Vocational Report and Curriculum Vitae 1-43 (corrected version without typos follows) 22. Idaho State Insurance Fund Benefit Payment 1-8 23. Claimant's Deposition Transcript (10/18110) 1-94 24. 9/6/06 Back Injury Medical Records 1-9 25. Eric Holt, M.D. (10/12/08) 1-76 26. Vernon Barton, M.D., Ontario Family Medicine (6/09/05 -05/02/06) 1-19 27. Nathan Church, PA Dominican Health (6/29/05 - 9/8/06) 1 10 28. Barbara Quattrone, M.D., Idaho Physician Medicine and Rehabilitation, 1-6 (10/24/05 - 1117/05) 29. Brian Denekas, M.D. Sunrise Medical Consultants (11/18/05; 7/6/06; 8/23/06) 1-39 30. Randolph Peterson, M.D. Sports Orthopaedics (2/03/06 - 07/07/06) 1-10 31. Dr. Tim Ashaye, Psychiatry (10105/09) 1 32. Flink Steams, OTRlL, St. Elizabeth Health Services (PCE) (7112/07 - 7/23/07) 1-6 33. St. Alphonsus Behavioral Health Services (10/15/09 - 12/29/09) 1-18
LIST OF EXHIBITS (docket # 40016-2012 - James W. Clark) - i Volume 3: 34. Holy Rosary Medical Center (6/22/89; 7/24/89; 7/25/89; 7127/89; 8/7/89; 1-251 8/28/89; 8/30/89; 7/9/96; 8/15/96; 1/5/97; 12/9/03; 1/13/06; 8/4/06; 9/6/06; 2/6/07; 8/7/07; 2/6/08; 2119/08; 2/27/08; 10/01109. 35. Claimant's Arrest History 1-22 36. Claimant's Sex Offender Registry Information 1 37. Sub Rosa Investigative RepOli and DVD 1-16 38. SAIF Worker's Compensation Claim Records 1-102
Volume 4: 39. Idaho Department of Correction 1-3 a. Medical History & Screening (3112/97 - 3/14/97; 10/31/00) 4-8 b. Inmate Medical Information forn1 (11/23/00 - 12/30/02) 9-11 c. Offender Medical Status Report (3/24/97 - 6/21/01) 12-19 d. Physician's Orders (3/17/97 -10/6/03) 20-29 e. Interdisciplinary Progress Notes (8/13/97 - 10/6/03) 30-57 f. Outpatient Treatment Records (3/17/97 - 1/25/020 28-67 g. Report of Physical Examination (3/14/97 10/31/00) 68-69 h. Medical Request Form (4/2/97 - 8/10/98; 18118/02 [sic]) 70-116 1. Disciplinary Segregation Medical Documentation (11/11/98 - 7/2/01; 117-124 7/21!?; 7/24!? -7/27!?; 9/1217 - 9/2717) J. Health Services Request Co-Pay Form (11/9/00 - 10/2/03) 125-161 k. Medical Request Disposition/Response (11/9/01; 4115/02; 5/27/03) 162-164 1. Transfer/Receiving Medical Screening Forms (4/1/97; 8/6/97; 2/4/03) 165-167 m. Ophthalmic Record (10/24/02) 168 n. Radiology Group (10/27/97; 1/30/02) 169-172 o. S1. AI's Outpatient Physician Order-Diagnostic Testing (10/22/02; 173-174 11/4/02) p. Lab Reports (3114/97 - 7/31/02) 175-192 q. Medication Administration Records (3/24/97 - 9/11/03) 193-237 r. Medication Consent Form (8/6/01; 9/20/01) 128-239 s. Release of Responsibility (12111/01) 240 t. Receipt for Medical Product (12117/02) 241 u. Information Report re Back Injury (5/11/97) 242 v. NICI Medical Lay-In (7/15/97 - 7116/97) 243 w. Intake Mental Health Screening 244 x. Referral to Mental Health (11/8/00 - ?) 245-246 y. Psychiatric Evaluation (1/2/98 & 9/8/03) 247-248 z. Psychotropic Medication Report (7/31/01; 12/4/01) 249-250 aa. Immunizations (3/12/97 - 11/18/02) 251-254 bb. Problem List (7/98 - 7/23/02) 255-256 cc. Medical Diet Authorization (11/16/98 - 4/18/02) 257-259 dd. Inmate Information Sheet (411 /97) 260 ee. Inmate Concern (3/18/97 - 7/31/98) 261-265 ff. Account History Report 266-268 gg. Acute Self-Limiting Problems (4/3/97; 7/16/97) 269 hh. Offender Track (11/15/95 0 11113/98) 270 ii. Intrasystem Transfer Form (11/15/00 - 2/4/03) 271-281 jj. Referral Tracking Record (11111/97) 282
LIST OF EXHIBITS (docket # 40016-2012 - James W. Clark) - ii YJ(. Inmate food Service Worker Clearance (11/17/00) 283-284 11. Social Security Disability Request for Information (6/23/03) 285 mm. Population Information Sheet (10/31/00; 11/17/00; 1/15/03) 286-288 nn. Jan O. Dahlin, M.D. Records (7/15/96 - 8/15/96) 289-295 00. Valley Family Health Care (11/19/98 - 8/27/99) 296-307 40. February 15,2007, Arugus Observer Article
Additional Documents:
Depositions: 1. Deposition of James W. Clark taken October 18, 2010 2. Deposition of Larry Robb taken November 15,2010 3. Deposition of Jewel Owen taken December 9, 2010 4. Deposition of Robert Hansen, M.D. taken December 17,2010 5. Deposition of Craig W. Beaver, Ph.D. taken February 24,2011 6. Deposition of Douglas N. Crum, C.D.M.S. taken February 24,2011 7. Deposition of Richard W. Wilson, M.D. taken March 2,2011
Briefs: 8. Claimant's Post-Hearing Brief, filed March 31,2011 9. Claimant's Amended Brief, filed April 1, 2011 10. Defendant's Post hearing Brief, filed May 13,2011 11. Claimant's Brief, (11 pages and 25 pages) filed May 27,2011 12. Claimant's Responsive Post-Hearing Brief, filed May 31,2011 13. Claimant's Brief, filed May 31, 2011
14. Correspondence from June 30, 2008 through May 2, 2012: • Letter to James Clark from nc, dated July 9, 2008 • Copy of letter to James Clark from State Insurance Fund, dated July 15,2008 • Copy of Letter to James Clark from State Insurance Fund, dated July 28,2008 • Letter to HC from Alan K. Hull, dated August 6, 2008 • Letter to nc from Alan Hull, dated August 15,2008 • Letter to lIC from Alan Hull, dated August 15,2008 • Letter to James W. Clark from nc, dated August 19,2008 • Letter to lIC from Rachael M. O'Bar, dated September 10,2008 • Letter to nc from Rachael M. O'Bar, dated September 24,2008 • Letter to lIC from Rachael M. O'Bar, dated October 20, 2008 • Letter to rIC from Rachael M. O'Bar, dated December 11,2008 • Fax cover letter to lIC with unsigned Response to Claimant's Request for Mediation, dated December 29, 2008 • Letter to lIC from Rachael M. O'Bar, dated January 6, 2009 • Letter to lIC from Rachael M. O'Bar, dated January 6, 2009 • Copy ofletter to James Clark from Rachael M. O'Bar, dated January 21, 2009 • Copy of letter to James Clark from Rachael M. O'Bar, w/encIosures, dated January 23, 2009 • Copy ofleher to James Clark from Rachael M. O'Bar, dated January 27, 2009 • Copy ofletter to James Clark from Alan Hull, dated February 4,2009
LIST OF EXHIBITS (docket # 40016-2012 - James W. Clark) - iii e Letter to IIC from Rachael ~A. Q'Bar, dated Februa1)T 11,20 • Letter to lIC from Rachael M. O'Bar, dated February 13,2009 • Letter to lIC from Rachael M. O'Bar, dated February 25, 2009 • Letter to lIC from Rachael M. O'Bar for Alan K. Hull, dated February 27,2009 • Letter to lIC from Rachael M. O'Bar for Alan K. Hull, dated February 27, 2009 • Letter to lIC from Alan K. Hull, dated March 3,2009 • Letter to James W. Clark from Referee Donohue, dated May 1,2009 • Letter to lIC from Alan K. Hull, dated May 7, 2009 • Letter to lIC from Alan K. Hull, dated June 10, 2009 • Letter to Referee Donohue from Rachael M. O'Bar for Alan K. Hull, dated August 25, 2009 • Letter to lIC from Rachael M. O'Bar for Alan K. Hull, dated August 26, 2009 • Letter to lIC from Rachael M. O'Bar, dated August 28, 2009 • Letter to James Clark from Counsel for Defendants, dated August 28, 2009 • Letter to lIC from Alan K. Hull, dated November 13,2009 • Letter to lIC from Rachael M. O'Bar, dated January 8, 2010 • Letter to lIC from Lynn M. Luker, dated January 7, 2010 • Letter to lIC from Lynn M. Luker, dated February 9,2010 • Letter to lIC from Rachael M. O'Bar, dated March 3, 2010 • Letter to lIC from Lynn M. Luker, dated March 13,2010 • Letter to lIC from Lynn M. Luker, dated June 172010 • Letter to lIC from Rachael M. O'Bar, dated June 25, 2010 • Letter to lIC from Rachael M. O'Bar, dated August 12,2010 • Letter to lIC from Rachael M. O'Bar, dated August 26,2010 • Letter to lIC from Alan K. Hull, dated October 6, 2010 • Letter to lIC from Alan K. Hull, dated October 7, 2010 • Letter to lIC from Lynn M. Luker, dated October 11,2010 • Letter to Commissioners Maynard, Limbaugh and Baskin from Rachael M. O'Bar, dated November 4, 2010 • Letter to lIC from Rachael M. O'Bar, dated November 5,2010 • Letter to lIC from Lynn M. Luker, dated November 5, 2010 • Letter to lIC from Rachael M. O'Bar, dated November 8,201 0 • Letter to lIC from Rachael M. O'Bar, dated November 9,2010 • Letter to lIC from Rachael M. O'Bar, dated November 9,2010 • Letter to lIC from Rachael M. O'Bar, dated November 12,2010 • Letter to lIC from Rachael M. O'Bar, dated November 12,2010 • Letter to lIC from Rachael M. O'Bar, dated November 16,2010 • Letter to lIC from Rachael M. O'Bar, dated November 16,2010 • Letter to lIC from Rachael M. O'Bar, dated November 16,2010 • Letter to lIC from Rachael M. O'Bar, dated November 17,2010 • Letter to lIC from Alan K. Hull, dated November 22,2010 • Letter to lIC from Lynn M. Luker, filed November 23,2010 • Letter to lIC from Rachael M. O'Bar, dated November 30,2010 • Faxed letter to lIC from Rachael M. O'Bar, dated December 7, 2010 • Letter to lIC from Rachael M. O'Bar, dated December 8, 2010 • Letter to lIC from Rachael M. O'Bar, dated December 13,2010 • Letter to lIC from Rachael M. O'Bar, dated December 14,2010
LIST OF EXHIBITS (docket # 40016-2012 - James \V. Clark) - iv • Letter to IIe from Lynn M. Luker, dated December 15, 2010 • Letter to lIC from Lynn M. Luker, dated December 20,2010 • Letter to lIC from Rachael r.v1. O'Bar, dated December 21,2010 • Letter to lIC from Lynn M. Luker, dated December 23,2010 • Letter to lIC from Rachael M. O'Bar, dated January 11, 2011 • Letter to lIC from Rachael M. O'Bar, dated January 11,2011 • Letter to lIC from Rachael M. O'Bar, dated January 11,2011 • Letter to lIC from Rachael M. O'Bar, dated January 18,2011 • Letter to lIC from Rachael M. O'Bar, dated January 28,2011 • Letter to lIC from Rachael M. O'Bar, dated February 7, 2011 • Letter to lIC from Rachael M. O'Bar, dated February 23,2011 • Letter to lIC from Rachael M. O'Bar, dated March 8, 2011 • Copy ofletter to James Clark from Rachael M. O'Bar, dated March 21, 2011 • Letter to lIC from Rachael M. O'Bar, dated May 6, 2011 • Letter to lIC from Rachael M. O'Bar, dated May 13,2011 • Letter to lIC from Rachael M. O'Bar, dated June 7, 2011 • Letter to lIC from Rachael M. O'Bar, dated January 31, 2012 • Letter to lIC from Rachael M. O'Bar, dated January 31, 2012 • Letter to Referee from Rachael M. 0 'Bar, dated February 2, 2012 • Copy of Letter to James Clark from Rachael M. O'Bar, dated March 8, 2012 • Letter to lIC from Luker to lIC, dated May 8, 2012 • Letter to lIC from Rachael M. O'Bar, dated May 23,2012 • Letter to lIC from Luker to lIC, dated June 7, 2012 • Letter to lIC from Rachael M. O'Bar, dated June 13,2012
Other: 15. Exhibits to Claimant's 9th Continuation of Documents and Things, dated and filed February 17,2011 (found at page 1017 of the Agency's record).
16. Continuation of medical records for consideration on claimant's claim of April 17, 2008, dated and filed March 29, 2011, (found at page 1041 of the Agency's Record).
17. Claimant's Requests for Additional Documents No.3, 4 and 5 in Notice of Appeal: The Industrial Commission has no knowledge of what release forms and letters were used to obtain particular medical records. Therefore, it is unknown whether this information is included in the Agency's Record.
18. Claimant's Request for Additional Documents No.6 in the Notice of Appeal: There is no such Complaint in the Agency's Record. Original Complaint was filed July 2, 2008, and is found on page 1 of the Agency's record.
19. Claimant's Request for Additional Documents No. 8 in the Notice of Appeal: Information regarding Dr. Steinberg is located in Joint Exhibit 4.
LIST OF EXHIBITS (docket # 40016-2012 - James \V. Clark) - v BEFORE THE INDUSTRIAL COl\1MISSION OF THE STATE OF IDAHO
JAMES CLARK,
Claimant, IC 2008-013505 v.
CRY BABY FOODS, LLC, FINDINGS OF FACT, CONCLUSIONS OF LAW, Employer, AND ORDER and
IDAHO STATE INSURANCE FUND,
Surety, Defendants.
INTRODUCTION
Pursuant to Idaho Code § 72-506, the Industrial Commission assigned the above-entitled matter to Referee Douglas A. Donohue who conducted a hearing in Boise on November 18,
2010. Claimant was present in person and was represented by Lynn Luker. (Claimant represented himself pro se until just less than one year before the hearing. Mr. Luker withdrew after the hearing, but before Dr. Wilson's post-hearing deposition was taken, and Claimant again represented himself pro se.) Defendants were represented by Alan Hull. The parties presented oral and documentary evidence and later submitted briefs. This matter was complicated by multiple post-hearing motions and arising issues. The case is now ready for decision. The undersigned Commissioners hereby issue their own findings of fact, conclusions of law, and order. The Commission finds no reason to disturb the Referee's findings and observations on
Claimant's presentation or credibility.
ISSUES
The issues to be decided by the Commission as the result of the hearing are:
1. Whether Claimant remains in a period of recovery related to
FI~,])INGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 1
IIU post-traumatic stress disorder; 2. \\Thether and to what extent Claimant is entitled to:
a. Temporary disability benefits, partial or total (TPD/TTD), b. Permanent partial impairment (PPI); c. Permanent disability in excess of impairment, including total permanent disability, d. Medical care, and e. Attorney fees; and 3. Whether Claimant is entitled to permanent total disability under the odd-lot doctrine.
CONTENTIONS OF THE PARTIES
Claimant's hand was caught in the rollers of an onion processing machine. It pulled him in almost up to his elbow, crushing the soft tissue of his right forearm.
Claimant contends he suffered severe physical injury as well as post-traumatic stress disorder (PTSD) as a result of this life-threatening accident. He remains in a period of recovery and is entitled to TTD and medical care - past, present and future benefits. Specifically at hearing, he asked for two more years of psychological treatment at Lifeways. In briefing, he itemizes his claim for medical benefits and asserts a five-year recovery before maximum medical improvement (MMI) for PTSD can be reached. Alternatively, if at MMI, he is entitled to all benefits including permanent total disability, 100% or by odd-lot. His prior prison record and alcoholism are factors which increase his permanent disability.
Claimant further contends he does not have a history of depression prior to the accident; antidepressants prescribed were for diagnoses other than depression. Defendants unreasonably refused to authorize or pay for prescriptions related to mental health issues arising from the accident. Prescriptions were unreasonably discontinued by Defendants in March 2010.
Lack of medication is why he was jailed by Payette County in August 2008; Surety should pay those costs.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 2
/IJ7 Claimant further contends Defendants wrongfully obtained certain documents from third parties, including SAIF Corporation and the Idaho Department of Correction. Some were obtained without Claimant's authorization and/or without a proper release. Others were obtained which were not related to the accident. This constitutes a denial of due process.
Claimant further contends Defendants owe his family members $300 for transportation to medical care.
Claimant further contends that ICRD consultant Sandy Baskett unreasonably misstated
Claimant's prison record and conspired with Employer and Surety by creating a job site evaluation (JSE) and then covering it up to prevent Claimant from receiving knowledge of it.
Defendants' attempt to return Claimant to light-duty work further exacerbated his psychological condition and put his life at risk because the work was near the scene of the accident.
Claimant further contends his attorney from January 2010 through December 2010,
Lynn Luker, provided ineffective assistance and quit representing him.
Claimant further contends that Defendants have failed to prove he IS not entitled to medical and other benefits.
Claimant further contends he is entitled to retraining benefits.
Claimant further contends he is entitled to an additional 50% of total benefits as a penalty under OSHA's "serious and willful misconduct" statute.
Claimant finally contends he is owed just under $1.2 million in benefits. He does not quantify damages owed him for Defendants' fraud and defamation during the course of the claim.
Defendants contend Claimant has reached medical stability. He is entitled to some permanent disability, but is not totally and permanently disabled. All TTD and medical benefits
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 3 have been paid. Claimant is not entitled to an award of attorney fees. They object to additional issues raised post-hearing and/or issues not within the Commission's jurisdiction.
EVIDENCE CONSIDERED
The record in the instant case included the following:
1. The legal file of the Commission; 2. The testimony of Claimant, Employer's former troubleshooter Kim Lukehart and private investigator Steven Jordan Porter taken at hearing; 3. Joint exhibits 1-40 admitted at hearing; 4. Pre-hearing deposition of former employer Larry Robb; and 5. Post-hearing depositions of Surety senior claims examiner Jewel Owen; physicians Robert Hansen, M.D., Richard Wilson, M.D., Craig W. Beaver, Ph.D.; and vocational expert Douglas Crum, C.D.M.S.
Objections are overruled and motions to strike are denied in all depositions, EXCEPT as follows: Claimant's pre-hearing deposition, no exceptions; Jewell Owen deposition (Referee was present telephonically and ruled contemporaneously); Larry Robb deposition, objections at pages 15 and 18 are sustained; Dr. Hansen deposition, objection at page 71 sustained;
Dr. Wilson, Dr. Beaver, and Mr. Crurn depositions, (Referee was present and ruled contemporaneously).
In Exhibit 20, page 22 of ICRD records is missing. It contains ICRD notes between the dates of November 16, 2009 and case closure on June 15,2010.
FINDINGS OF FACT
The Accident
1. Claimant worked for Employer on April 17,2008. He had worked for Employer for only about six days. As onions were unloaded from trucks, they rolled do\vn a roller machine. A photograph of the rollers is found at Exhibit 16. The turning steel rollers stripped
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 4
/129 onions of dirt, leaves and excess outer layers. Corkscrew action of steel bands around the rollers guided the onions along the length of the roller machine. Claimant was assigned to keep the onions moving and, with a stick to poke clogs of debris down through the space between the rollers. Truck unloading and the roller machine work occurred outside. From there, onions went by conveyor belt inside the processing plant.
2. On that date Claimant's dominant right arm was drawn between a pair of rollers after his glove got caught in the machine. He suffered a crush injury to his forearm.
Medical Care
Immediate treatment: April 17 through :May 2008
3. Claimant reported to the first-responding paramedics that he was caught for
15 minutes before the machine was turned off and stuck for another 15-20 minutes before the machine could be opened enough to extract his arm. Paramedics provided first aid, a morphine analgesic, and a splint against the possibility of a fractured bone. They considered the injury, together with ongoing neurologic symptoms to his hand from an old injury to his elbow, to qualify as potentially limb threatening and as requiring the attention of a trauma center and physician. Lifeflight was called. The Lifeflight physician was qualified as both an
RN and EMT. He initially noted upon examination:
Patient is alert and oriented. Able to talk 'without difficulty. Skin is warm, dry and pink. Other than facial mask of pain, he is in no obvious distress or obvious life threatening situation upon initial exam. We do note that his right forearm has been splinted and bandaged.
The Lifeflight physician confirmed good pulses and blood/oxygen saturation in all fingers.
4. Claimant was initially seen at S1. Alphonsus' ER by Po Y. Huang, M.D., examined, X-rayed for fracture, and referred to orthopedic surgeon Dominic L. Gross, M.D.
Dr. Gross re-dressed the forearm wound, examined Claimant, and ordered more diagnostic
FIJ'IITOINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 5
J /1U testing for possible fractures and infection. All physicians to this point mentioned concern about developing or worsening a preexisting compartment syndrome.
5. Nearing midnight, Claimant visited Weiser Memorial Hospital ER. He had been unable to fill his prescriptions and sought pain management. The ER dispensed an immediate analgesic and muscle relaxer and referred him back to St. Alphonsus for follow-up care.
6. On follow-up the next day, Dr. Gross observed an open wound on Claimant's forearm which Dr. Gross described as a "draining hematoma." Repeat X-rays showed negative for fractures. Claimant reported he was unable to move his thumb. Dr. Gross confirmed proper blood flow and sensation to Claimant's fingers, but deferred further evaluation of the thumb because there was too much swelling.
7. On follow-up on April 21 Claimant reported difficulty sleeping and other symptoms which suggested possible post traumatic stress syndrome (PTSD) to Dr. Gross' physician's assistant, Katherine Laible, PA-C. Claimant reported he had returned to the job site to "confront the machine." That helped, but did not eliminate the PTSD symptoms.
Physically the wound was healing. Because of continued swelling, P A Laible referred Claimant to wound care and edema management. She prescribed rest and Amitriptyline. She prescribed
Soma for Claimant's complaints of muscle cramps and spasms in the biceps around the elbow and in his hand. She acknowledged the possibility of a future need for counseling for the psychological symptoms.
8. Dr. Gross recommended physical/occupational therapy which Claimant began on April 22. Claimant visited occupational therapist Kent Taucer, the same therapist whom he saw in 2006. During the course of 15 visits in April and May, Claimant made slight gains.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 6
/ /3/ 9. Claimant made an April 22 visit to Arqam Zia, M.D., for abdominal symptoms which Dr. Zia attributed to Claimant's narcotic pain medication which had been prescribed for his right arm and hand pain following the industrial accident. X-rays and other testing were ordered. On an April 29 follow-up visit, although Claimant described some psychological symptoms which he attributed to the industrial accident, Dr. Zia noted, "However, this is not a Workman's [sic] Compensation visit." The earlier abdominal complaints had resolved.
Claimant discussed his arm wound with Dr. Zia, but Dr. Zia expressly declined to become involved in the workers' compensation aspects of Claimant's health. A follow-up appointment was scheduled with Dr. Zia, but Claimant failed to attend.
10. A follow-up visit to Dr. Gross on May 2 showed good physical healing and Claimant's satisfaction with his treatment. Claimant declined to transfer his care to
Robert G. Hansen, M.D. upon a suggested referral. Dr. Gross did not foresee future surgery.
On that date Dr. Gross released Claimant to modified work, restricting Claimant from use of his right hand.
11. Despite not having a scheduled appointment until May 29, Claimant visited
Dr. Gross' office on May 9 asking for a prescription for housekeeping and cooking services.
P A Laible refused stating, "He is on his own and he can perform all of his activities of daily living and thus does not need a housekeeper." On examination she noted improvement in healing and in range of motion. She noted that wound management continued to help him and that he would soon be seeing Lifeways Mental Health Services. A second release to modified work, one-handed only, was provided.
12. Lifeways performed initial screening on May 6 and accepted Claimant for treatment which began May 14. Surety authorized this treatment before it began. Nevertheless,
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 7
/ / 3;;A Claimant's counselor, 1. Harrison Whitcomb, LCSW, repeatedly noted that receiving payment from "Worker's [sic] Comp" would be an "obstacle" to treatment. He expressed this opinion orally to Claimant as well. Thereafter, Surety's processing of Claimant's claim became a major emotional trigger for Claimant. Indeed, at the following visit on May 21, Mr. Vv'hitcomb noted,
"A week ago he [Claimant] was almost suicidal when it was hinted that services might be difficult to get paid for in this State." Lifeways and Mr. Whitcomb are in Ontario, Oregon.
13. The history Claimant provided on this May 14 visit was inaccurate wherein he claimed he had been "clean and sober for many years"-he expressly stated "five" years-prior to the industrial accident. He denied co-occurring substance abuse. He denied complications, either physical or emotional, therefrom. Claimant did admit to polysubstance abuse in his remote history. The history he provided was inconsistent with PA Laible's assessment of
Claimant's need for home care assistance. Claimant also reported he suffered from PTSD and that his symptoms were "severe" and his anxiety "extreme."
14. During this initial assessment at Lifeways, Mr. Whitcomb felt Claimant
"definitely" met the DSM-IV criteria for PTSD.
15. Claimant next visited Lifeways on May 21. Mr. Whitcomb recorded his plan was for bi-weekly visits. Records show Claimant's visits and other contacts with Lifeways were significantly more frequent. Claimant continued to visit Lifeways through the dates of post-hearing briefing in early 2011.
16. Claimant transferred his physical care to Dr. Hansen as of May 21, 2008. It is significant that Claimant initially had refused a referral to Dr. Hansen and agreed to this change only after PA Laible refused to prescribe housekeeping services.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 8 17. On May 29, Dr. Gross reviewed and approved an indoor processing job which allowed for light-duty, one-handed work, further removing debris and culls from a conveyor belt.
18. Dr. Gross reported to Surety claims adjuster Carol Garland that Claimant was totally temporarily disabled from the time of accident on April 17 through May 9, with light-duty restrictions continuing from May 9, which restrictions were to be further evaluated at a later date by Dr. Hansen, because Dr. Hansen had assumed the primary treating physician role.
19. Dr. Hansen's first visit with Claimant following the roller machine accident occurred on May 30. On examination of Claimant's forearm and hand, Dr. Hansen noted healed skin wounds and visible soft tissue compression on the forearm. Claimant reported loss of sensation in the distribution of the superficial radial nerve, with weakness in the distribution of the ulnar nerve, mild symptoms in the median nerve distribution, and absence of sensation in the posterior interosseous nerve distribution. X-rays of Claimant's right forearm and "'Tist showed no fractures, dislocations of soft tissue abnormalities. Dr. Hansen recommended an EMG.
Continuing treatment: June through December 2008
20. The occupational therapist, Mr. Taucer, recorded another 35 visits between June 1 and August 21. Mr. Taucer noted slow and steady progress. Claimant failed to show for an appointment on July 22. He blamed Surety, stating his mileage check had not arrived and that he would not return until August 1. Claimant attended a visit on July 25. Progress reports noted slow and steady progress with occasional setbacks and flare-ups. In all, Claimant attended over 90 physical therapy sessions in 2008. Gaps exist in the record, particularly around the times of incarceration and mental hospital commitments. Claimant would continue with this therapy until late May 2009.
21. On June 13, Dr. Hansen reported "an episode of extreme anxiety" over the
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 9
/ /.::s t./ question of a return to light duty. Claimant had returned to work on June 5 after Employer offered a physically suitable light-duty job. Dr. Hansen recommended counseling and vocational rehabilitation to avoid returning to the same job at the same place as the accident.
22. Lawrence Green, M.D., performed the EMG. It showed mild denervation changes. Dr. Hansen concurred with Dr. Green's assessment of compartment syndrome and complex regional pain syndrome (CRPS).
23. On July 18, Dr. Hansen reported Claimant should remain off work because of the nerve dysesthesia in his hand and arm. He recommended an "intense" pain management program and suggested a psychological consult. On August 8, Dr. Hansen opined surgery would likely only increase the internal scarring which was likely causing the nerve dysesthesia.
He recommended physical therapy, particularly range of motion exercises.
24. James Morland, M.D., at the Meridian Pain Center, evaluated Claimant on August 6. He began pain management, with follow-up visits in October, November, and December.
25. On August 15, Claimant visited Weiser Memorial Hospital ER for nausea and vomiting. ER physicians linked it to a recent change in pain medications and instructed him to discontinue taking Neurontin.
26. In late August, Claimant alleged that he unilaterally discontinued some of his medications. His psychological condition dramatically worsened to a point at which the physical therapist feared an impending catastrophe. About two days later on August 22,
Claimant was arrested for reckless driving. However, in December, Dr. Hansen noted that Claimant alleged that this incident arose because he was on medication and suffered a reacti on to it.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 10
/13C;- 27. Lifeways notes during this period show Claimant received counseling for a few weeks in June as he dealt with the realization that he would suffer some permanent disability in his right upper extremity from the accident. Only rarely would Lifeways link ongoing or planned treatment to mental health issues directly to the original industrial accident.
For example, Lifeways treatment plan dated October 23, 2008, essentially reset the focus of cause, diagnoses, and treatment concerning the original injury. That plan neglected to mention the unrelated or tangential issues that had comprised the majority of Claimant's contacts and counseling sessions with Lifeways up to that point. The plan appears to be authored not by Mr. Whitcomb, who was Claimant's primary counselor at Lifeways, but by
Thomas Heriza, M.D.
28. Dr. Heriza performed an initial psychiatric assessment on September 23. This assessment appears to have come at the request of Mr. Whitcomb in response to Claimant's legal proceedings following his arrest for driving 95 mph through Ontario, Oregon on August 22.
Whether this referral to Dr. Heriza was initially Claimant's idea or Dr. Hansen's idea is ambiguous from the September 15 Lifeways note.
29. Dr. Heriza's September 23 assessment is careful to note Claimant's reluctance to provide a history. Dr. Heriza noted inconsistencies between the history provided by Claimant and the prior medical records Dr. Heriza reviewed, as well as internal inconsistencies within the history orally provided by Claimant. After administering a mental status examination,
Dr. Heriza cautiously considered a differential diagnosis to rule out PTSD versus "[sJubstance induced mood disorder" versus "[m]ood disorder secondary to a medical condition
(seizures/epilepsy?)" as well as the role of underlying "Cluster B" disorder features. More specific diagnosis required Dr. Heriza's access to Claimant's medication list and a more
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER-11 complete psychosocial and psychiatric history.
30. On September 27, Dr. Hansen noted Claimant's hand was improving in function.
He described "objective evidence" of nerve regeneration. He opined Claimant physically could probably do some part-time, light-duty work, but psychologically could not return to
Employer because of his anxiety associated with the roller machine. Dr. Hansen opined that light-duty, part-time work would psychologically "be a very good thing for him."
31. In late September, Claimant hired a lawyer, Mr. Brown, to help him with his workers' compensation claim. That relationship was unsatisfactory in Claimant's opinion. He fired the lawyer and continued pro se for several months.
32. On October 1, Dr. Heriza had a better understanding of Claimant's then-current medication use. He expressed concern over current narcotic addiction and habituation issues.
He noted Claimant's admission of prior IV heroin use as significant when addressing potential then-current narcotic abuse. Dr. Heriza primarily diagnosed "significant substance related issues," ruled out seizures and/or epilepsy as potential contributors, and retained "mild anxiety/[PTSD]" and "Cluster B features" on a list of possible diagnoses.
33. On October 9, psychiatrist Eric Holt, M.D. evaluated Claimant at Surety's request. Psychological testing revealed that Claimant responses showed dramatically that he was "faking bad." He responded positively to 84 of 90 elements of the Symptom Distress
Checklist-90-R. Any score over 50 indicates the person is exaggerating for secondary gain.
His exaggerations were "off the chart" on six separate scales. As an aside, the Referee notes that Claimant can learn how to respond. He responded on the SCL-90-R "Not at all" to the issue "Having urges to beat, injure, or harm someone"; this response came after two occasions where he expressed such urges to Lifeways counselors; police were directed to his home for
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 12
I/? follow-up. Similarly, the MMPI-2 showed elevations on the scales for Hysteria Conversion and
Hypochondriasis. Where a score of 65 is considered abnormal, Claimant scored over 100.
These and other elevated scores indicate Claimant was "faking bad" on his responses in the
MMPI-2. Dr. Holt opined:
In my opinion, Mr. Clark has had chronic problems with narcissistic, addictive, and acting-out behavior with manipulative maneuvers, emotionalism, and portraying himself as in the role of being a victim. It was noticed in the records that he cries when he needs succorance and support (there was a medical report in which he called an ambulance to come to his home and this might have been feigning.) If support is not forthcoming, his poorly suppressed anger becomes manifest and he may use this as a bUllying technique on those who are vulnerable. He is prone to alarmism and catastrophizing and I agree with Mr. Whitcomb's statements in that regard.
34. In the interview by Dr. Holt, Claimant claimed to be unable to recall much of specific events. However, Claimant testified in great detail about these same events at trial.
Dr. Holt's report and records review sets forth dozens of examples where Claimant has reported inconsistent histories at differing times, apparently, in Dr. Holt's view, to manipulate physicians, law enforcement, and others for purposes of secondary gain.
35. Dr. Holt diagnosed PTSD related to the industrial accident, rated at 5% of the whole person. He diagnosed additional longstanding and preexisting psychological conditions which he opined were unrelated to the industrial accident and were not exacerbated by it.
He opined that Claimant should not be excluded from work; psychologically, work would be very beneficial.
36. On October 15, Dr. Heriza noted Claimant visited in a "very agitated" state over some difficulty with his legal representation. Dr. Heriza recorded that Claimant stated that
"he is having difficulty maintaining control, particularly when he starts thinking about all the issues that he is facing." Dr. Heriza recorded no change in diagnosis and opined, "The patient
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 13
II: 37. On an October 22 visit, Dr. Heriza discussed treatment intervention for Claimant's narcotic and other medication use. 38. On November 4, Dr. Morland approved a return to one-handed work on a processmg line. Three days later, Claimant persuaded Dr. Hansen to reverse his opinion about surgery. 39. On November 7, Dr. Hansen recommended a posterior interosseous nerve resection to alleviate chronic pam m Claimant's hand. In general, Dr. Hansen's notes of examinations conducted by him in the latter half of 2008 show significant, objective, ongoing physical damage to the musculature and nerves in Claimant's hand and arm. This damage continued to heal and his function continued to improve with nerve blocks, physical therapy, and other treatment. Dr. Hansen's reversal in his disapproval of surgery appears almost entirely related to Claimant's subjective complaints that he was not improving. 40. On November 13, Claimant was evaluated by Richard Wilson, M.D., at Surety's request. Claimant's story of the accident had become exaggerated over time. A careful and detailed examination - including EMG testing - of Claimant's right forearm, wrist and hand, showed atrophy and mild autonomic dysfunction, all complicated by functional overlay and poor effort. Dr. Wilson opined Claimant's right upper extremity was not at MMI, although he expected Claimant's dysesthesias and autonomic dysfunction should improve in time. Claimant's psychological condition led Dr. Wilson to consider Clamant a poor candidate for surgery. He opined Claimant never needed chronic narcotic pain medication and suggested Claimant's narcotic regimen be decreased to discontinuance within 30 days. Dr. Wilson FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 14 /139 recommended Claimant not return to the type of work he was performing at the time of the accident, but rather limit himself to sedentary to light work which did not require significant right-hand use. 41. Nearly all Lifeways visits during the latter half of 2008 related to Claimant's emotional and psychological responses to his legal trouble from the reckless driving incident, to Surety's attempt to return him to work, to Surety's refusal to pay him as much as he thought he should be compensated, or to other collateral or entirely unrelated issues. Counseling was about dealing with the criminal justice system and his legal representation, and Claimant's complaints about Surety processing the claim, his financial expectations, or unrelated legal problems. He complained to counselors that Surety wanted to return him to work and, conversely, that he was a "workaholic" who found it intolerable to be off work. Usually, in these visits, Claimant's issues about the accident itself went entirely unmentioned. 42. Lifeways notes additionally show that Claimant was frequently vociferous and emotional in his manner. Counselors let him "vent." However, after two episodes in which Lifeways asked local law enforcement to perform a welfare check after Claimant hinted at or threatened suicide, Claimant began modulating his comments and behavior. When Lifeways called his brinksmanship bluff, Claimant discontinued the bluff. He changed his tune and thereafter became "adamant" that he was not having suicidal thoughts. 43. On December 8, Dr. Hansen reported on a December 4 examination. He described the continuing recovery of Claimant's hand and arm condition. He critically addressed the opinions of Dr. Wilson. He agreed with Dr. Wilson that Claimant might well require another six months of recovery before an impairment rating would be appropriate, but disagreed with Dr. Wilson's opinion that Claimant showed no neurological impairment. Dr. Hansen disagreed with FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 15 //tfo Dr. Wilson's opmlOn about discontinuing pam medication. Dr. Hansen recommended continuing administration of appropriate medications under the supervision of a pam management program. He opined that "abruptly stopping his medications at this point would be very counterproductive." 44. On December 26, Dr. Hansen prognosticated that if the recommended posterior interosseous nerve neurectomy were performed, then after a six-week course of rehabilitation and physical therapy, Claimant likely would be medically stable and ratable. Continued pre-surgical treatment: 2009 45. Claimant continued to receive counseling through Lifeways and medication from Dr. Heriza. From November 2008 through January 2009, Dr. Heriza's primary diagnosis stabilized at PTSD. He diagnosed a possible underlying mood disorder. This change in diagnosis occurred without clear explanation in any single record and without any discernible from his notes of visits. By February 2009, Dr. Heriza added "opiate dependence" as a diagnosis. Dr. Heriza's notes show Claimant was being treated for "issues" related to obtaining compensation for the injury rather than for the injury itself. Some pain management continued as well as counseling about possible upcoming surgery. Claimant's anxiety and outbursts escalated as the date of any legal proceeding approached. 46. Claimant continued monthly follow-up visits with Dr. Morland for pam management. 47. On January 22, Claimant admitted he was addicted to hydrocodone. 48. The surgery recommended by Dr. Hansen was approved and scheduled. On February 5, Claimant's surgery was postponed because Claimant had nicked himself trying to shave his pre-operative surgical site on his forearm by himself. Also, in counseling Claimant FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 16 / /4/ described himself as a "champion" for "oppressed" workers' compensation claimants. Continued treatment - surgery: February 19,2009 49. Surgery was performed by Dr. Hansen on February 19. Dr. Hansen noted the presence of fibrotic tissue surrounding the interosseous and other nerves and tendons in Claimant's forearm and wrist. These nerves and tendons were freed and the posterior interosseous nerve was resected without complications. Continued post-surgical treatment: 2009 50. On his first postsurgical counseling visit to Lifeways on March 5, Claimant discussed hiring an attorney. He discussed financial troubles. He did not discuss any emotional or psychological concerns related to his arm. His March 17 visit to Dr. Heriza related to Claimant's concerns about a PPI rating and insurance rather than the rehabilitation or functionality of his arm. 51. Lifeways notes, particularly those of Mr. \Vhitcomb in Spring 2009, are often- even predominantly-ambiguous as to whether and to what extent Mr. Whitcomb is restating Claimant's statements, accepting and adopting Claimant's statements as fact, or expressing Mr. Whitcomb's own thoughts and opinions. 52. On April 1, Claimant visited Weiser Memorial Hospital ER with nausea and vomiting. He had failed to take his prescribed medications as directed. He admitted he had "smoked a mushroom of some kind" to reduce his gastric symptoms. 53. On April 3, Dr. Hansen found tendinitis in Claimant's first dorsal extensor compartment. Physical recovery was otherwise progressing well. 54. On an April 17 examination Dr. Hansen opined Claimant to be at maximum medical improvement. He opined Claimant's numbness from the resected nerve and FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 17 the dysesthesia and pam in the distribution of the superficial radial nerve were pennanent. He anticipated pennanent symptoms in the foreann due to the compression and scarring. Using the Guides, 5th edition, Dr. Hansen rated Claimant's Pennanent Partial Impainnent for his ann injury at 17% of the upper extremity with a 10% addition for persistent dysesthesia, pain, muscular weakness and atrophy. The result was a 16% whole-person PPI. He restricted Claimant from "heavy duty manual type of work activity." Dr. Hansen later specified that restrictions of use for that ann included no lifting over 15-20 pounds, limited repetitive activity, limited rotational movement of his hand and foreann, and limited repetitive flexion/extension of his \wist, but that keyboarding and clerical activities were not limited. Dr. Hansen recommended that a home physical therapy program be established by a physical therapist to maintain functionality. He expected Claimant to continue to have some chronic pain which would be managed with over-the-counter remedies as needed. He did not expect future surgery. 55. On May 20, Mr. Taucer issued an occupational therapy discharge note. He opined Claimant had made only "slight" progress since the February surgery. Mr. Taucer recommended a home exercise program, vocational rehabilitation, and psychosocial counseling. With these programs, he opined Clamant could perfonn "clerical or paraprofessional type employment. " 56. On a July 9 visit to Lifeways, Mr. Whitcomb recorded, "His [Claimant's] ultimate goal is either to have WC pay him monthly until he retires or give him a lump sum settlement for what they would pay him monthly for 15 years." 57. In August, Claimant visited Dr. Hansen and requested institutionalization for psychological issues. While Dr. Hansen thought this would be a good idea, his notes indicate FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 18 I fLf3 the issues arose from legal, social, and familial stressors. Continuing treatment - Intermountain Hospital: September 3-7,2009 58. Claimant was admitted to Intermountain Hdspital after appearing voluntarily on September 3. He arrived by private vehicle, doing his own driving. The primary admitting diagnosis and focus for treatment was "anger dyscontrol." During the 5-day inpatient stay, Claimant expressed anger about the process of obtaining workers' compensation benefits. A note of Nicole Thurston, M.D., records, "On interview today he states, 'I'm not getting what I came here for. Nobody will sit dovm and listen to me for my story from A to Z about the insurance company. '" Her conclusion from the interview was that Claimant was not "holdable or committable" and that he should be discharged from inpatient status. Discharge diagnoses included: "PTSD, chronic; adjustment disorder with disturbance of mood and conduct; Narcissistic and borderline personality disorder traits; right arm injury; chronic pain; severe legal, financial, occupational stressors." He was rated at discharge, GAF-45. Continuing treatment: September - December 2009 59. On October 15, Claimant visited Mark Jepson, NP-C, at St. Alphonsus' behavioral health services on referral from Dr. Hansen. Claimant provided an incomplete history, inconsistent in many points with other history given to other physicians. Nurse Jepson attempted to address Claimant's psychiatric medication regimen. 60. On the morning of September 11, Claimant drove himself to West Valley and Idaho Emergency Physicians and sought mental health treatment. He self-referred, presenting himself that morning. He eloped after beginning treatment. He returned that afternoon and was admitted, tested, and treated. He expressed thoughts of harming others, he would not name who. A lab test showed Claimant positive for marijuana and amphetamines which had not been FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 19 II prescribed, but did not show the presence of narcotic opioids which had been prescribed. Generally while at West Valley, Claimant and his treatment was overseen by psychiatrist Olurotima "Tim" Ashaye, M.D. 61. On October 1, Claimant visited Holy Rosary ER \vith complaints of vomiting and diarrhea. Studies showed negative for flu and negative for heart or chest problems. 62. On October 6, Dr. Hansen reported that Claimant requested a reevaluation of his PPI based on the Guides, 6th edition. Dr. Hansen opined an 18% whole-person PPI under the criteria of that edition. 63. On November 13, Claimant visited Dr. Hansen to discuss medications and driving, as well as to request some lab studies to determine liver and kidney function related to his psychiatric medications. 64. At Lifeways, Claimant exhibited anger and psychological imbalance when he believed Surety or other entities were not doing what he wanted them to do. He exhibited a calmer demeanor otherwise. Continued treatment: 2010 65. Claimant visited Dr. Hansen in early 2010. Dr. Hansen deferred when psychological issues were addressed. Dr. Hansen was willing to prescribe medications Claimant requested. Dr. Hansen considered a TENS unit or a Wii game to be reasonable therapeutic appliances. 66. Claimant continued his monthly pain management visits with Dr. Morland. Dr. Morland recorded no significant, permanent changes in Claimant's reports of pain throughout the duration of his involvement. Attempts to change medications or dosages did not result in improved pain management. Occasional flare-ups, related once to a bee sting and once FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 20 /ILf,C: to lifting a heavy object, were noted. In the March visit, Claimant was particularly agitated. He asked for information about amputation. 67. On January 7, 2010, I\1r. \Vhitcomb noted, "He [Claimant] responded well to the observation that all of his troubles stem from the injury." This note is ambiguous about whether Mr. Whitcomb believed and offered this "observation"- that all of Claimant's troubles stem from the industrial accident. Such a hypothesis is clearly inconsistent with information available to Lifeways on or before the date of that note. 68. Mr. Whitcomb remained Claimant's pnmary mental health counselor throughout 2010. 69. A physician's assistant (PA) at Lifeways encountered Claimant. On a March 15th visit, the P A sought assistance from Mr. Whitcomb. Claimant fled. Lifeways asked local law enforcement to perform a welfare check, and contacted Surety about personal threats. The P A referred Claimant to Si Steinberg, M.D., Lifeways' medical director. 70. Mid-afternoon that day, police brought Claimant to West Valley Medical Center ER. While providing a history, he admitted to drug use "anything and everything" in the past, including intravenous drugs, without further specificity to time or type. A urinalysis/drug screen showed positive for marijuana and opiates, but negative for amphetamines or other non-prescribed drugs. Continued treatment - Intermountain Hospital: March 15-24,2010 71. Yet later that day, Claimant abruptly appeared at Intermountain Hospital's ER claiming he wanted to amputate his arm. A transfer record from ER to Admitting notes, "[History] of meth use." He again fled. Law enforcement returned him to Intermountain. He expressed homicidal ideation towards Surety's adjustor. During a psychiatric evaluation .FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 21 (/'Ik Claimant denied using methamphetamine for several years. Diagnoses from that evaluation included: "Major depressive disorder, severe; nicotine dependence; marijuana abuse; history of methamphetamine abuse; PTSD; role out cluster B traits (antisocial); history of injury to right arm; chronic pain in right arm; severe - chronic pain; financial.: GAF - 25. To a consulting physician, Claimant admitted, "No other drugs since he went to prison in 1997, except for occasionally." His urinalysis/drug screen was normal except for prescribed opiates, which were expected, and for marijuana which was not. 72. On March 23, the Lifeways PA opined Claimant's behavior was related to pain and trauma from the accident which was related to delusions which was related to inappropriate behavior, including making threats, which was related to his arrest and hospitalization. The P A's reasoning for making these links was tenuous or absent. Continued treatment: April - December 2010 73. On April 6, Richard Wilson, M.D., and Craig Beaver, Ph.D., evaluated Claimant at Surety's request. Psychological testing resulted in several indicators of "faking bad" on testing. Physical testing did not significantly indicate Claimant to be malingering. Oddly, upon examination Claimant reported dysesthesia in parts of his hand which should have been entirely numb after Dr. Hansen's nerve resection. After a detailed examination and records review, they opined Claimant was both physically and psychologically stable, that he suffered an 8% whole-person PPI as a result of the accident with 5% attributable to PTSD and 3% attributable to his physical arm and hand condition. Dr. Beaver also rated an additional 5% whole-man psychological PPI for a pre-existing psychological condition not related to the accident. They recommended discontinuance of narcotic analgesics over a 60-90 day period. They recommended a temporary 10-pound lifting limit for his right hand. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 22 flll7 74. On May 6, Mr. \Vhitcomb wrote Claimant's attorney and opined that PTSD symptomatology "is not something that is a short-term thing." He related an episode when Claimant retold the story of the accident to members of his counseling group. Mr. Whitcomb described images - which images Mr. Whitcomb neglects to mention are scenes which never actually happened - in Claimant's head and stated, "It was obvious he was seeing that picture in his mind." 75. On May 10, in response to correspondence from Claimant's attorney, Dr. Steinberg opined that Claimant's self-reported PTSD symptoms were continuing but progressively diminishing. He opined they were "100% workIPTSD related." He recommended Claimant "gradually increase medications to hopefully progressively diminish PTSD symptoms over the next several years of treatment." On June 1, Dr. Steinberg again replied to correspondence from Claimant's attorney. He opined that Claimant was unable to work with others or do independent manual labor, He opined Claimant would be unable to begin the two- to five-year recovery process from PTSD until related legal issues were completed. He opined that the March 2010 Intermountain Psychiatric Hospitalization "was directly related to Mr. Clark's work related injury." 76. Lifeways notes in August and September focus on Claimant's reactions to attempts to settle his workers' compensation claim by way of mediation and lump-sum settlement. Ultimately, Claimant was agitated at the wording which he found to be disputable in the settlement document. He was upset and angry that he "was expecting 400K or more and got offered 40K." He was upset that his income benefits would be fully paid out in September and discussed how he would live until the hearing date set for November. 77. The dollar amounts in the immediately foregoing paragraph are quoted from FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 23 /JW Dr. Steinberg's note dated September 13. These amounts are not taken for their truth and are not considered evidentiary of settlement negotiations or for any purpose except to show that the litigation and, consequently, the potential money it would bring him, was the focus of Claimant's mental and emotional attention. Claimant's focus on obtaining money from Surety was typical throughout Lifeways' notes in 2010, indeed throughout his treatment there. Claimant's focus on litigation and money is more prevalent than discussions about or requests for medication; it is by far more prevalent in these notes than concern about becoming functional or returning to work; it is by far more prevalent even than complaints of physical or mental symptoms about the accident; it is more prevalent than complaints of social, familial and other stressors unrelated to the accident and injury. 78. Other recitations of settlement offers or expectations found in Lifeways notes or elsewhere in the record are similarly not considered to be evidence of the truth of such offers or expectations nor of the amounts recited. 79. On September 30, Mr. Whitcomb noted that Claimant "is not allowed to eam a single cent until the settlement is completed." Once again, it is ambiguous whether this preposterous idea was Claimant's only, whether Claimant's idea with Mr. Wnitcomb's approbation, or whether Mr. Whitcomb's misunderstanding of the facts and law. Prior Medical Care 80. Claimant was hospitalized at Holy Rosary in Ontario, Oregon, following a suicide attempt in June 1989, an intentional overdose of muscle relaxers. Claimant somehow related this to a work injury, sequelae of a back injury suffered while being robbed in a convenience store. He had also recently separated from his wife. FINDINGS OF FACT, CONCLUSIONS OF LA"V, AND ORDER - 24 11q.q 81. July 1989 X-rays showed degenerative spurring at Ll and a negative kidney study. 82. In August 1989, Claimant visited Holy Rosary ER for back pain and received some Darvocet. A bone scan a few days later showed no injury or healing. A repeat lumbar x-ray qualified the spurring as "minimal"; "minimal scoliosis" was also reported. 83. Holy Rosary saw Claimant on July 9-12, 1996 for chronic low back and right hand pain. Claimant had lifted a heavy sink two weeks earlier, but mild discomfort became severe pain after a coughing spasm on the morning of July 9. Dr. Barton considered this an exacerbation of the 1988 convenience store robbery injury. MRl showed extruded disks at T12-L 1 and L 1-L2. The right hand pain mentioned on the admission sheet is nowhere else referred to in the records for this visit. 84. Claimant was hospitalized at Holy Rosary August 15-17, 1996, following a suicide attempt, an intentional overdose of Amitriptyline. Urinalysis showed positive for benzodiazepine, marijuana, opiates, and antidepressants; negative for amphetamines, cocaine, and phencyclidine. Holy Rosary released him for admission to \Vest Valley/lntennountain Hospital. 85. On January 6, 1997, Claimant visited Holy Rosary ER for chest pain; chest X- rays, negative. 86 On December 9, 2003, Claimant visited Holy Rosary ER for eight seizure-like events and vomiting, unverified by medical personnel. A head CT scan was negative, except for some sinus inflammation. Brad Barlow, M.D., noted Claimant reported he felt an impending event, but taking a supine position with elevated feet prevented it. Dr. Barlow suspected these were more likely syncopal episodes rather than seizures. An EEG was entirely negative. FINDINGS OF FACT, CONCLUSIONS OF LAVv, AND ORDER - 25 /150 87. Claimant filed an Oregon workers' compensation claim for an injury occurring at Red Apple about May 2005 where he bagged recyclable aluminum cans. To his physician, he claimed right elbow pain gradually arose, with stiffness and dysesthesia radiating to his fingers, which symptoms he associated with use at work. Inconsistently, on a workers' compensation claim form, he described a specific incident of injuring his right elbow while attempting to avoid a child in his way at work. 88. Claimant sought treatment with Vernon Barton, M.D., on June 9, 2005. Claimant did not describe the onset or precipitating event. He told Dr. Barton it began two months prior and that he waited to report it for one month and waited another month for this treatment. He also complained of bruised ribs from an unrelated event at work and described a history of seizure-like events. Dr. Barton diagnosed right elbow strain, tennis elbow. 89. To Nathan Church, PA-C, on June 29, 2005, Claimant specifically described the onset of elbow pain arising from an event in which he avoided hitting a little boy while Claimant was moving recyclables in the store. 90. A recheck by Dr. Barton in July 2005 showed point tenderness at the radiohumeral joint with some pain toward but not including the v,'Yist. An injection resulted in a couple days of increased pain followed by great improvement according to Claimant. The August recheck mentioned left shoulder myalgia and/or muscle strain, a new problem. Claimant associated this with increased use of his left arm to compensate reduced right arm activity to reduce the right elbow pain. In a later letter to Claimant's workers' compensation attorney, Mr. Rock, Dr. Barton confirmed that the left shoulder only, and not the left arm, was involved at that time. By the next month's recheck, Claimant included paresthesias in his right fingers and chronic right elbow pain. By the October recheck, Dr. Barton was suspecting paresthesias in FINDINGS OF FACT, CONCLUSIONS OF LAVI, AND ORDER - 26 IIS-( Claimant's digits could be sourced to developing carpal tunnel syndrome rather than to the right elbow arthritis/tendinitis. 91. In October 2005, Barbara Quattrone, M.D., evaluated Claimant's bilateral hand paresthesias. Claimant characterized the precipitating event only as a sudden onset of pain. A November EMG testing indicated right carpal tunnel syndrome but no abnormality on the left. 92. Red Apple's workers' compensation surety (SAIF) requested an IME by neurologist Brian Denekas, M.D. Claimant described himself as being a "day laborer his entire life." On the November 18, 2005 examination, Dr. Denekas noted giveway weakness generalized throughout the upper extremity musculature. Dr. Denekas opined that Claimant's reported right forearm symptoms did "not localize well to the epicondyle"; that reported finger paresthesias was "somewhat inconsistent" and nonanatomic for carpal tunnel syndrome; and that functional overlay on examination precluded making a useful diagnosis. Dr. Denekas further questioned the reported left trapezius pain based upon inconsistent reports by Claimant. Asymmetry of range of motion was deemed an elaboration by Claimant. Dr. Denekas opined Claimant's work caused his right elbow pain but did not relate other right hand or left trapezius symptoms to his work. No impairment was found. A brief physical therapy trial was suggested. 93. An intervening, overnight hospitalization occurred on January 13-14, 2006 for complaints of seizure-like symptoms, 15-20 times per day for several days, accompanied by amnesia of events within 15-20 minutes of the symptoms. These were unverified clinically. Fortunately for Claimant, he described a warning taste sensation or discomfort which preceded the seizure-like event. Thus, his driving privileges were not at risk. His wife described gradually increasing delay and disorganization in his thought function, but did not unequivocally FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 27 I/~J confirm seeing seizure-like symptoms. An examination and diagnostic testing, including an EEG, all showed no cranial abnormalities. A repeat CT of his head was also negative. 94. A February 3, 2006 examination by orthopedist Randolph Peterson, M.D., resulted in a diagnosis of "right elbow pain lateral aspect consistent with lateral epicondylitis and tendinitis of his forearm." 95. On February 6, 2006, Claimant visited Holy Rosary Medical Center for occupational therapy for his right elbow. A prior cortisone injection provided only temporary relief. Examination revealed decreased grip strength and loss of range of motion right versus left. He reported his pain generally at 7/10. Lateral epicondylitis testing was positive. Functional goals on that date included "lifting, pulling, or pushing material over 2 to 5 pounds free of pain." 96. Claimant attended 39 occupational therapy visits from February 6 to June 5, 2006. Despite continuing complaints of "severe" or "7-1011 0" pain, the therapist recorded reduced tenderness. He also noted an inconsistency, reduced right grip strength upon testing as of the March 6 visit. By April 17, the therapist recorded Claimant made "satisfactory to good" progress; pain associated with activity had decreased, and strength had improved. By May 29, the therapist reported "inconsistent" progress. Despite episodes of "fair-good functional strength & minimal pain" the therapist recommended consideration of surgical nerve ablation to alleviate Claimant's reports of pain. 97. On April 19, 2006, Claimant appeared at Weiser Memorial Hospital ER following a work injury to his right elbow one year earlier. He described pain and "electrical shocks" bilaterally from elbows to fingertips which began one hour prior to his visit. ER diagnosed tendinitis with radiculopathy. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 28 /IS3 98. In July 2006, Dr. Denekas confirmed by letter to SAlF that Claimant did not report any consistent left elbow or forearm symptoms at the November 2005 IME, "only a slight bit of tenderness over the proximal forearm" which was non-physiologic and inconsistent with every other part of the examination of his left upper extremity. Upon a review of intervening records, Dr. Denekas opined any recent left upper extremity symptoms were more likely related to an intervening April 19, 2006 event and not to the right elbow injury from May 2005. He noted: "Of concern is the fact as mention above, that this individual appears to have spreading complaints in regard to his right arm as well, which again would bring to question the objective nature of the complaints." 99. Claimant visited Dr. Hansen in July 2006 for right elbow pain and concomitant inability to lift "any heavy object's [sic]." This visit occurred more than one year after a May 2005 accident and injury. On examination Dr. Hansen found "mild swelling and tenderness over the elbow area" without bruising. He diagnosed a "soft tissue injury." An August 4 MRI showed joint effusion without other trauma or cause. Upon the equivocal MRI and Claimant's complaint of year-long pain, Dr. Hansen recommended surgery. 100. On July 7, 2006, Dr. Peterson opined Claimant's work at Red Apple was not strenuous and he refused to opine about a causal link between Claimant's elbow complaints and his work. He opined surgery was "notoriously ineffective" for treating the elbow inflammation Claimant demonstrated. 101. On August 23, 2006, Dr. Denekas and orthopedic surgeon Jon Vessely, M.D., performed a second IME, this time mainly for left shoulder and upper back complaints. The panel reviewed intervening records. Examination again revealed uncertain results due to Claimant's nonanatomical subjective reports and functional overlay. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 29 //07/ 102. On September 6, 2006, Claimant sought treatment for a low back strain allegedly suffered at work. An x-ray showed mild degeneration in the form of small osteophytes, but no acute condition. Clint Baker, P A -C, released Claimant to work with a temporary lifting restriction of 40 pounds. 103. A February 6, 2007, Holy Rosary ER visit for chest pain revealed no acute disease. 104. A July 12,2007, a functional evaluation was perfonned by occupational therapist Flint Steams. He described Claimant's effort as resulting in a valid test. He described significantly limiting restrictions for Claimant. He noted Claimant was then-currently working as a forklift driver, despite the fact that this functional evaluation would have precluded such ajob. The work release provided listed these temporary restrictions but specifically noted "may drive Hyster." 105. At an August 7, 2007 Holy Rosary visit for right elbow pain, Claimant described nauseating pain radiating down his forearm. On examination there was no swelling and good circulation in his fingers. He was given Vicodin and released. 106. On February 6, 2008, Claimant visited Holy Rosary ER following a methamphetan1ine overdose which caused shortness of breath and chest pams. Urinalysis was positive only for methamphetamine. This episode immediately followed his receipt of a lump sum settlement on his May 2005 right elbow workers' compensation claim. The medical treatment prompted follow-up chest studies including a stress test in late February 2008 which showed normal heart function. Physicians' Depositions 107. Treating orthopedic surgeon Robert Hansen, M.D., testified by way of FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 30 Ilo-S post-hearing deposition. Throughout Claimant's treatment, Dr. Hansen was only peripherally aware of Claimant's emotional or psychiatric treatment, illegal drug use, and legal issues whether criminal or related to his workers' compensation claim. 108. Dr. Hansen opined that generally among patients with a crush injury similar to Claimant's, and specifically for Claimant, as soon as possible after such an injury, increased use of the crushed upper extremity, especially the hand, would help desensitize the affected area. A claimant would experience an earlier and a more complete return to normal sensation. By the time Dr. Hansen began recommending surgery, Claimant's muscle strength and tone had returned; temporary lifting and other restrictions were based upon Claimant's reports of pain; Dr. Hansen opined that resection of the sensory nerve would ameliorate Claimant's reports of pain, and, therefore, his restrictions should be amenable to being lessened or removed. Lifting restrictions applied to the injured hand only; Dr. Hansen placed no restrictions on Claimant's left hand. 109. Post-surgically, Claimant healed normally to the date of MMI when Dr. Hansen opined Claimant's numbness on the dorsum of his wrist, which related to the nerve resection surgery, was permanent; also permanent was Claimant's \vrist pain near the thumb, which related to the superficial radial nerve. Dr. Hansen opined it was difficult to rate Claimant's PPI because of the functional overlay exhibited by Claimant. Dr. Hansen is more comfortable using the Guides, 5th edition than the 6th edition; nevertheless, he opined Claimant's rating under the 6th edition is valid. Both ratings include emotional and psychiatric overlay; if limited specifically to the physical condition of Claimant's arm, PPI would be rated at 4% of the upper extremity, however, the loss of use or range of motion should be included regardless of whether it is affected by emotional factors. Dr. Hansen stands by his 5th edition PPI rating. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 31 I/!Jf Dr Hansen opined Claimant will not be able to perform repetitive assembly-line type activities with his right hand; Claimant will be able to work a forklift. 110. IME neurologist Richard Wilson, M.D., testified by way of post-hearing deposition. He opined Claimant suffered an injury to the sensory, but not motor, branches of his radial nerve. Fatty tissue and connective tissue were compressed by the crush injury and resulted in the deformation at Claimant's forearm. Dr. Wilson would not have recommended the resection of the sensory nerve; such surgery merely would replace dysesthesia with anesthesia. Physical therapy for desensitization of the area of dysesthesia was used and should have been used to the exclusion of surgery. Claimant's continuing use of narcotic analgesics was not therapeutic and could and did cause other problems for Claimant. 111. Dr. Wilson rated Claimant's PPI at 3% whole-person per the Guides, 5th edition. For this injury, Dr. Wilson opined the 5th edition is better than the 6th edition. 112. Dr. Wilson opined Claimant's injury would not preclude him from operating a forklift. The surveillance video demonstrated Claimant has normal function in his right hand; restrictions mentioned at the time of the IMEs certainly would be liberalized. Dr. Wilson opined that Claimant should use his right hand as much as possible and that as he does, Claimant is expected to experience reduced sensory issues. Overuse 'will not reinjure or otherwise harm Claimant, although he may temporarily experience an increase in pain or dysesthesia from overuse. 113. IME neuropsychologist Craig Beaver, Ph.D., testified by way of post-hearing deposition. He opined Claimant's post-accident behavioral issues and psychological diagnoses were "very similar" to those seen by Dr. Kruzich pre-accident. Dr. Beaver cited specific examples. Particularly conspicuous examples related to how Claimant handled a May 2005 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 32 /1!;7 workers' compensation claim which also involved his right upper extremity, focused at his right elbow. The early life history Claimant described is consistent with development of Cluster B personality disorder. Claimant's confirmed substance abuse for methamphetamine and marijuana amplifies and complicates psychological issues and diagnoses. Dr. Beaver opined that Claimant gave some "okay effort" on psychological testing but performed below his actual abilities. For example Claimant's IQ tested at 66, a score obviously below Claimant's true function. Dr. Beaver noted similar inconsistencies in other psychological test results. Dr. Beaver opined that such inconsistencies indicate a Cluster B personality disorder. He opined Claimant suffers no neurocognitive deficits from any physical basis, disease or injury. He opined Claimant's testing indicated long-term, "very chronic psychological problems, not so much an acute issue," and that these pre-existed Claimant's April 2008 accident. Testing for PTSD showed "a lot of over endorsement of items" and exaggeration of symptoms. Nevertheless, testing suggested some PTSD symptoms were being experienced. Using the Guides, 6th edition, Dr. Beaver rated Claimant with a psychological PPI of 10% whole-person, one-half related to the accident and one-half preexisting. 114. Claimant's probable need for lifetime counseling relates to his pre-existing Cluster B personality disorder. Having reviewed the surveillance video, Claimant's physical function of his right arm and hand is significantly greater than Claimant exhibited and reported during testing. No psychological issues related to the accident preclude Claimant from returning to work, except that Dr. Beaver does not recommend Claimant return to work on the machine that injured him. Psychologically, Claimant can drive a forklift. 115. Claimant's March 2010 hospitalization was not related to this industrial accident. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 33 115R 116. Claimant's preexisting psychological disorder reqmres an object of focus. Although seeking benefits for this industrial accident became the object of Claimant's focus, it was not likely the cause of Claimant's disorder nor of his behavior. By succinct analogy, Dr. Beaver opined that is not the fault of the moon that a telescope is pointed at it; the moon does not cause the pointing. Similarly, the industrial accident did not cause Claimant's undue psychological focus on it. Vocational Factors 117. Born , Claimant was 49 years of age at the date of the accident. 118. Claimant sought the job with Employer only after his unemployment benefits had been exhausted following a layoff from another employer. 119. At the date of injury, Claimant earned $7.00 per hour. His average work week comprised 43.75 hours. He only worked that one week before the accident. 120. Although Claimant finished 9th grade, he was illiterate. He has since become self educated. In 1997, he passed a GED test in prison before the industrial accident. His multiple letters to the Commission demonstrate an adequate vocabulary and a fair grasp of spelling and grammar. 121. He has worked, by his estimate, over 100 jobs since he was 15 years old. His work history is replete with short-term, unskilled and semi-skilled jobs and off and on again unemployment. A list of verified employments from 1978 to Employer at the time of this accident is compiled at Exhibit 20. It lists a variety of industries for which Claimant performed a variety of types of jobs. A more succinct, but less inclusive, summary can be found among ICRD notes at exhibit 20, page 24. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 34 //or/ 122. Claimant considers himself to be primarily a forklift driver. He also has claimed self-employment as a "shade tree mechanic." 123. In 2009, Claimant attended Treasure Valley Community College and obtained some vocational aptitude testing and training. 124. Claimant's forearm is mildly disfigured. There is some loss of circumference with flattening of tissue where muscle and nerves were damaged. It is obvious when he wears a short-sleeved shirt. Claimant perceives the disfigurement to be greater than it appears at social distances. Dr. Hansen opined this disfigurement to be the result of loss of subcutaneous fatty tissue over some atrophy of the subcutaneous tissue. 125. In August and September of 2010, Surety intermittently conducted surveillance on Claimant. The video of the surveillance provides better evidence than the investigator's written report of what he saw. Moreover, the investigator's \\-Titten report includes unfounded opinions about Claimant's ability and exhibition of pain behavior. Surveillance video of Claimant with his attorney is given no weight. Staking out Claimant's attorney's office was not acceptable. 126. Surveillance video dated October 20, 2010, is helpful in demonstrating Claimant's capabilities. The video shows him removing an air cooler from an opening in his trailer. Only with foreknowledge of Claimant's accident, pre-accident hand dominance, and medical reports does one see that Claimant exhibits any loss of functionality in his right hand. To uninformed reasonable scrutiny, Claimant appears to be using his right hand normally. If one looks closely, one can find moments when Claimant prefers to use his nondominant left hand for a particular fine motor function or carries a greater portion of a weight with his left upper extremity versus his right. Nevertheless, the salient point to be observed by the video FINDINGS OF FACT, CONCLUSIONS OF LA"V, AND ORDER - 35 11&0 is that Claimant has grossly overreported his disability in testimony and to virtually every physician of record. 127. Claimant has a longstanding record of polysubstance abuse, including multiple incarcerations. His Idaho criminallincarceration history from 1993 to 2007 may be found in Exhibit 35. Claimant's multiple requests for special treatment while incarcerated are given little weight. His assertions of medical conditions to gain privileges or special items while incarcerated are considered to be a form of gaming that system rather than evidence of admissions about preexisting conditions or of inconsistent claims. 128. Claimant's 1987 back injury has not limited his work. He was treated for it from 1987 to 1996. It continues to hurt occasionally. 129. Claimant was convicted of a felony not involving dishonesty. Vocational restrictions involving being bondable, etc., apply. He is registered as a sex offender, but the record does not show that this registration results in any vocationally relevant restrictions. 130. One of Claimant's former Employers, Larry Robb testified. Claimant was hired to work at the recycling center of an Oregon grocery store, Red Apple, on July 28, 2004. He did not reveal to Red Apple legal restrictions, if any, pertaining to his dealings with customers. He did not report any prior physical restrictions. His work required him to lift up to 30 pounds. 131. Claimant was terminated for theft of Red Apple property in February 2006. He admitted he had kept money due Red Apple so he could buy methamphetamine. He was criminally convicted for the theft, a misdemeanor. Vocational experts 132. ICRD consultant Sandy Baskett began working with Claimant about one week after the accident. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 36 II~I 133. Through ICRD, Dr. Gross approved and Employer offered modified, one-handed employment. Ms. Baskett performed a job site evaluation (JSE). Employer offered physically suitable work effective June 3, 2008. Claimant was a no-show. Claimant did appear for work on June 5. After a few hours he left stating he had a doctor's appointment. He did not return. During Ms. Baskett's follow-up call to Claimant, he reported he felt he could not do the light-duty because his left arm began to hurt. About two weeks later, Claimant characterized this attempt to work to a Lifeways counselor as being too traumatic; it reminded him of his accident because the roller machine was "on the other side of the wall" from where his light-duty work was located. This revised version of the reason for Claimant's unsuccessful return to work was used by the Lifeways counselor as a partial basis for diagnosing PTSD. 134. In mid-October 2008, Claimant was again released to part-time, light-duty, one-handed work, this time by Dr. Hansen. Dr. Hansen expressed reservations about whether placement in a food processing plant would be psychologically optimum. On November 4, Dr. Morland concurred with the physical limitations for a potential return to work, but opined a return to the line in a food processing plant would also be appropriate. 135. On November 18, 2008, Claimant reported to Ms. Baskett that he had been inquiring regularly at the temporary agencies without success. In a January 28, 2009 meeting with ICRD supervisor Danny Ozuna, Claimant "indicated that his intent is to discontinue seeking employment" pending upcoming surgery. Claimant expressed suspicion about Ms. Baskett's motives. Claimant later importuned upon ICRD department head Terrisa Wyatt about his suspicions. To alleviate Claimant's irrational and unfounded concerns, Claimant's vocational counseling was reassigned. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 37 136. The new ICRD consultant, Darrell Holloway, agreed to travel from Boise to Weiser to ease Claimant's transportation reimbursement complaints. Mr. Holloway recorded that Claimant stated: [H]e would like to become a paralegal as his first choice and an advocate/motivational speaker as a second choice. Claimant would like to earn $13-16 per hour, is willing to work any schedule and would like to work at least 40 hours per week. Claimant is willing to drive up to 60 miles one-way to work and would like a full benefit package including retirement. Claimant wants to eventually become self-employed. Claimant and Mr. Holloway scheduled and usually kept weekly appointments, usually in Weiser. After three months' contact, Mr. Holloway noted, "Claimant does not appear to be interested in following any kind of lCRD plan toward return to work." Nevertheless he persevered, "1 will maintain contact with the claimant at lease [sic] on a weekly basis and hopefully more often." 137. An ICRD closure note identifies a 21% whole-person PPI and restrictions without identifying the source of this rating. 138. Doug Crurn evaluated Claimant's vocational opportunities at Surety's request. He opined Claimant's restrictions of limited right arm lifting and repetitive motion would result in a 40% to 45% reduction in labor market access and a 0% restriction in wage-earning capacity. Overall, Mr. Crurn opined that Claimant suffered a 40% PPD, inclusive of PPI, as a result of the accident. He found no additional disability based upon accident-related or preexisting psychological impairment. Mr. Crum noted that under Mr. Steinberg's opinions, it would be impossible to determine whether and how much Claimant would be unemployable for several more years. 139. Mr. Crurn testified by way of post-hearing deposition. Mr. Crum assumed Dr. Hansen's lifting restrictions meant bilateral lifting. Dr. Hansen clarified in deposition that FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 38 /1&3 Claimant's left hand lifting was unrestricted, that the restriction applied only to Claimant's right hand. Upon Mr. Crum's original assumption, he opined Claimant's loss of local labor market access at 40% to 45%, with no loss of wage earning capacity. Having no loss of wage earning capacity, Mr. Crurn correctly opined Claimant qualifies for no formal retraining program. Ultimately, Mr. Crum opined Claimant's PPD at 40% inclusive ofPPI. Findings on Ancillary Issues 140. Claimant testified that there were many instances where Surety refused to authorize a treatment or physician, where scheduled appointments were cancelled, and where Surety acted without notice to him. The record shows that Surety acted reasonably and promptly. Surety provided notices as required and attempted to keep Claimant informed. The very few instances when appointments were cancelled were unavailable. Claimant's behavior caused communication breakdowns. 141. Claimant testified that Surety withheld a job site evaluation from him. As a result, he claimed that his attempt to return to work was sabotaged. He further testified that ICRD encouraged him to omit reporting his restrictions to potential employers, including a temporary staffing agency. The record shows ICRD acted appropriately. Claimant's complaints against Ms. Baskett are unfounded. Claimant, not ICRD, sabotaged his return to work. 142. Claimant's need and demands for payment for transportation to his physicians' appointments was significant. Claimant testified that Surety refused to pay $150 to his "lady" and his mother for transportation to surgery. Dr. Hansen felt there was "no need for care" because Claimant would undergo only local, not general, anesthesia. Dr. Hansen followed-up personally with a letter confirming his recommendation for transportation, but not post-operative horne care. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 39 1/&£/ 143. Regarding transportation: On another occasion, Dr. Hansen opined that, because of his medication regimen, Claimant should not have been driving himself to the hospital in mid-August. In general, the record shows Claimant drove where and when he wanted to. He made claims for a chauffeur when he thought he could get Surety to pay. His arguments of need are disingenuous. 144. Claimant objected to Surety having received records from SAIF regarding his May 2005 Red Apple workers' compensation claim. Once litigation has begun, parties are allowed wide range in seeking both formal and informal discovery. If Claimant has any reason to object to this secondary release of his medical records without his prior authorization, he should address it to SAIF, not to Surety. Moreover once he has filed a claim and/or a complaint for workers' compensation benefits, Claimant is required to allow Surety to review his prior medical records, subject to very few limitations. Claimant's reluctance to sign appropriate authorizations unduly increased the time necessary for the parties to prepare this case for trial. Indeed, the matter was held in abeyance because of Claimant's refusal to sign as directed and the Referee ultimately, albeit reluctantly, fined Claimant for his repeated, defiant refusal to comply with interlocutory orders surrounding issues of discovery. The foregoing analysis similarly applies to records received by Surety from Idaho Department of Corrections. Claimant was not denied due process. 145. Claimant painted out many instances of disagreement, discrepancy, and/or error which he found in medical records and other documents. Each of these instances has been considered. None is dispositive regarding any finding of ultimate fact or conclusion oflaw. 146. Claimant's contentions regarding OSHA violations and/or fraud and/or defamation are not within the jurisdiction of the Commission in this proceeding. FINuINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 40 //&q- DISCUSSION AND FURTHER FINDINGS OF FACT 147. The provisions of the Idaho Workers' Compensation Law are to be liberally construed in favor of the employee. Haldiman v. American Fine Foods, 117 Idaho 955, 956, 793 P.2d 187, 188 (1990). The humane purposes which it serves leave no room for narrow, technical construction. Ogden v. Thompson, 128 Idaho 87, 88, 910 P.2d 759, 760 (1996). Facts, however, need not be construed liberally in favor of the worker when evidence IS conflicting. Aldrich v. Lamb-Weston, Inc., 122 Idaho 361, 363,834 P.2d 878,880 (1992). Psychiatric Recovery Period 148. Psychiatric injury is governed by Idaho Code § 72-451. The measurement of a recovery period does not differ from a physical recovery period. Although different physicians have identified different diagnoses, the parties do not dispute that Claimant suffered a psychiatric injury superimposed upon a preexisting psychiatric condition. 149. The Lifeways notes demonstrate that for the most part Claimant's primary counselor, Mr. Whitcomb, uncritically accepts Claimant's stories of events and subjective complaints. Mr. Whitcomb rarely questions the veracity of Claimant's reports, even when such reports are manifestly inconsistent with Claimant's reporting to him on other occasions. As a result, the evidentiary weight of Mr. Whitcomb's recitations of "facts" and his opinions are undercut. 150. By contrast, Dr. Heriza's Lifeways notes show a mixture of acceptance and critical evaluation which bolsters the evidentiary weight afforded his opinions. 151. Dr. Steinberg's opinions demonstrate that he is a caring treater, but do not receive significant weight when he discusses when a recovery period may begin or end. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 41 152. Dr. Holt opined Claimant was psychologically stable when examined on October 9,2008. 153. Dr. Beaver found Claimant psychologically stable when examined on April 6, 2010. 154. Claimant's preexisting psychological condition will remam both cyclic and erratic, depending upon stressors in his life. The psychological PTSD suffered as a result of the accident has stabilized. Further, with the resolution of this litigation, a stressor disappears and Claimant's need to hold on to the accident is ameliorated. 155. Ultimately, because Claimant's psychological condition did not preclude work, whether Dr. Holt's or Dr. Beaver's date of stability is chosen has no effect upon income benefits. Temporary Disability 156. Temporary disability benefits are statutorily defined and calculated for the time when a claimant is in a period of recovery. Idaho Code § 72-408, et. seq. Upon medical stability, a claimant is no longer in the period of recovery. Jarvis v. Rexburg NurSing Center, 136 Idaho 579, 586, 38 P.3d 617 (2001); Hernandez v. Phillips, 141 Idaho 779, 781, 118 P .3d 111 (2005). 157. Employer offered and Claimant worked for one-half day on June 5, 2008, at a physician-approved, light-duty job which allowed him to work using only his left hand. When Claimant left the job, he told Employer he was going to a doctor's appointment. He told ICRD consultant Ms. Baskett that it hurt his left arm to use it so much. Despite Employer's offer to allow him extra rest in the break room, Claimant walked off the job. Claimant told Employer he would try to come back in a few days, less than one week. He did not again show up for work. Several days later, Claimant began telling physicians and others he suffered a FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 42 11& 7 psychological reaction to knowing that he was working on the other side of the wall from the machine on which he was injured. He represented that he left the job in a panicked and anxious state because he was unable to deal with the thought of the roller machine. This representation is inconsistent with Claimant's o\vn representations and demeanor when he walked off the job and for days after. 158. Claimant's initial reports of why he left that job and did not return are given greater weight than the report Claimant later made. Claimant rejected suitable work when he left the light-duty, one-handed job which Employer offered. As a result, Claimant is not eligible for full TTD/TPDs. He is entitled to full TTD benefits only to June 5, 2008, and for the period of recovery after the surgery performed February 19, 2009 to MMI on April 17, 2009. The record does not clearly show, and Claimant did not address, whether the light-duty job offered was full time or part time. If part time only, Claimant is still entitled to temporary partial disability benefits based upon the difference between his regular wage and hours and the part time hours offered. 159. Dr. Hansen is neither a psychologist nor a psychiatrist. To the extent he based his releases from work upon psychological factors, these are not considered a basis for calculating temporary disability. Medical Care Benefits 160. An employer is required to provide reasonable medical care for a reasonable time. Idaho Code § 72-432(1). Despite Claimant's assertion to the contrary in his brief, Claimant must show it likely that he is entitled to medical benefits. It is not Defendants' burden to prove the reverse. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 43 1/ I/? -:; 161. The record shows Defendants provided such care, even despite indications that Claimant's conditions were preexisting or otherwise unrelated to the accident. Defendants paid for this care, much of which was merely palliative. 162. One disputed bill, for mental health care on September 11, 2009, was denied by Surety. In hindsight, it appears likely that this care is related to the industrial accident. Although Claimant self-referred for care, no treating physician had reasonably required it, and the Sprague criteria are not met, Dr. Ashaye did approve the treatment while Claimant was admitted, and agreed to act as a treating physician for follow up. Moreover, Claimant, in his own mind, attributed his then-current dysfunction to stress from the industrial accident and sequelae of litigating his claim for benefits. This is not to suggest that a claimant's own perception of a relationship between mental or psychiatric dysfunction and an industrial accident is per se a factor for or against the likelihood of compensability. Rather, given the wide swings of Claimant's post-accident moods and psychiatric behaviors, together with his undue focus on the litigation surrounding the industrial accident, this treatment was not unlike many other instances of mental health treatment which had been approved by Surety as compensable. In other words, this treatment was more like than unlike compensable treatment. This bill, by West Valley and Idaho Emergency Physicians is likely a compensable medical benefit. 163. An inconsistency arises. Claimant received prescriptions for narcotics to manage his chronic arm pain. Dosages and number of pills prescribed were in the higher range of amounts with which the Commission is familiar among claimants with chronic pain. However, lab tests sometimes failed to show the presence of these narcotics in Claimant's system. Rather, these tests showed the presence of metabolized marijuana and methamphetamine. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 44 IIl/1 Physicians did intermittently attempt, albeit unsuccessfully, to wean Claimant from narcotics. Moreover, he declined to provide a sample for drug screening in September 2010. Absent further evidence and discussion by the parties to explain this inconsistency or the reasoning behind declining a drug test, speculation will not be indulged. It forms no part of the basis for this decision. Nevertheless, Claimant is entitled to medical benefits for all related prescriptions to the date of hearing. It appears from the record that dispensing and payment issues involving Stone River have been resolved, but should any unpaid bill or bills for prescriptions up to the date of hearing remain outstanding, Defendants are liable for it or them. 164. Surety provided a large amount of benefits for essentially palliative psychological care. Although this care appears to have been much more significantly related to Claimant's underlying and preexisting psychological conditions, to the extent that some of it may have related to the accident, Surety extended benefits. 165. Claimant is entitled to medical benefits for treatment to the date of hearing. Claimant failed to show it likely he is entitled to future medical care, including mental health care in the future. PPI and Permanent Disability 166. Pennanent impairment is defined and evaluated by statute. Idaho Code §§ 72-422 and 72-424. When detennining impainnent, the opinions of physicians are advisory only. The Commission is the ultimate evaluator of impairment. Urry v. Walker & Fox Masonry, 115 Idaho 750, 769 P.2d 1122 (1989); Thorn v. Callahan, 97 Idaho 151, 540 P.2d 1330 (1975). 167. "Permanent disability" or "under a pennanent disability" results when the actual or presumed ability to engage in gainful activity is reduced or absent because of FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 45 /170 permanent impairment and no fundamental or marked change in the future can be reasonably expected. Idaho Code § 72-423. "Evaluation (rating) of permanent disability" is an appraisal of the injured employee's present and probable future ability to engage in gainful activity as it is affected by the medical factor of permanent impairment and by pertinent nonmedical factors provided in Idaho Code § 72-430. 168. The test for determining whether a claimant has suffered a permanent disability greater than permanent impairment is "whether the physical impairment, taken in conjunction with nonmedical factors, has reduced the claimant's capacity for gainful employment." Graybill v. Swift & Company, 115 Idaho 293, 766 P.2d 763 (1988). In sum, the focus of a determination of permanent disability is on the claimant's ability to engage in gainful activity. Sundv. Gambrel, 127 Idaho 3, 896 P.2d 329 (1995). 169. Permanent disability is defined and evaluated by statute. Idaho Code § 72-423 and 72-425 et. seq. Permanent disability is a question of fact, in which the Commission considers all relevant medical and non-medical factors and evaluates the purely advisory opinions of vocational experts. See, Eaeret v. Clearwater Forest Indus., 136 Idaho 733, 40 P.3d 91 (2002); Boley v. State, Industrial Speeiallndem. Fund, 130 Idaho 278, 939 P.2d 854 (1997). The burden of establishing permanent disability is upon a claimant. Seese v. Idaho of Idaho, Inc., 110 Idaho 32, 714 P.2d 1 (1986). 170. Dr. Hansen rated Claimant's right upper extremity impairment at 16% and 18% whole-person PPI using the Guides, 5th and 6th editions, respectively. That rating necessarily included subjective psychological and emotional elements, for example, Claimant's reports of pain and activity limits, and exhibitions of limited range of motion. Dr. Wilson rated Claimant's physical PPI at 3% of the whole person. Coupled with Dr. Beaver's rating of FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 46 117/ Claimant's psychological impairment at 10% whole-person, one-half attributed to preexisting psychological conditions, the panel rated Claimant's total PPI at 8% of the whole person related to this accident. Dr. Holt rated Claimant's psychological impairment at 5%. Dr. Steinberg opined Claimant could not be rated for PPI because he was not stable concerning his PTSD and would not become stable for two to five years after this litigation concluded. 171. When Dr. Beaver's assessment of Claimant's preexisting PPI is added to the panel rating, the PPI rated by Dr. Hansen is reasonably consistent with Drs. Beaver and Wilson. 172. The record does not show that Claimant was rated for PPI attributable to his old back injury or to his May 2005 right elbow injury. Claimant's right elbow condition and restrictions remained relevant and problematic well into 2007 and were not cleared by a physician before the April 17, 2008 industrial accident occuned. Instead Claimant settled that claim in February 2008, just before his hospitalization for a methamphetamine overdose. Right upper extremity restrictions in place immediately before the April 17, 2008 accident were remarkably similar to those recommended by physicians when they rated Claimant for PPI for the April 2008 accident. 173. The record of Claimant's ability to cope, as far back as 1989, shows Claimant suffers from a preexisting psychological permanent partial impairment. As a result, his behavior has waxed and waned in conelation to perceived stressors in his life. Dr. Beaver's apportionment appears to undervalue the preexisting psychological permanent partial impairment. Nevertheless, his rating is reasonable and is accepted as fact. 174. The record demonstrates that Claimant consistently oveneports his perceived loss of function in workers' compensation claims. The surveillance video more accurately depicts Claimant's tolerance for using his right hand. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 47 /17~ 175. As of the date of Ms. Owen's post-hearing deposition, Surety had paid 16% whole-person PPI in full in accordance with Dr. Hansen's original opinion. 176. Dr. Hansen's rating did not apportion for preexisting physical and/or psychological impairment. Claimant's actual PPI, related to the April 17, 2008 accident, including both physical and psychological components, is found to be 10% of the whole-person. Surety is entitled to credit for overpayment when liability for permanent disability is calculated and paid. 177. Claimant has worked about 100 jobs in his life. He has essentially always been a day laborer with occasional employment which lasted somewhat longer. His work history shows only several jobs-a small percentage of the total-which might be classified as heavy or medium-to-heavy work. The majority of his employment consisted of light and light-to-medium work. Mr. Crum's analysis was faulty in assuming bilateral lifting restrictions; it disqualified Claimant from many occupations Claimant can demonstrably do. 178. Claimant's preexisting psychological PPI has not stopped him from working these "100" jobs when he was available and wanted to. Dr. Beaver opined that Claimant's PTSD related to the accident would affect access only to working on that particular type of roller machine. Psychologically, Claimant can work at other assembly-line machines. 179. The burden of establishing permanent disability is Claimant's to bear. Claimant established he is permanently disabled because he retains some dysesthesia at his radial wrist and at the back of his hand into his fingers. Physicians have testified that this will likely subside with use and that the completion of this litigation will eliminate a stressor that exacerbates Claimant's perception of disability. Claimant is found to be permanently partially disabled, rated at 25% of the whole-person. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 48 (/73 180. Because there has been no showing that Claimant's earlier restrictions and impairments affected his permanent disability, there is no apportionment. 181. Odd-lot. If a claimant is able to perform only services so limited in quality, quantity, or dependability that no reasonably stable market for those services exists, he is to be considered totally and permanently disabled. Id. Such is the definition of an odd-lot worker. Reifsteck v. Lantern Motel & Cafe, 101 Idaho 699, 700, 619 P.2d 1152, 1153 (1980). Taken from, Fowble v. Snowline Express, 146 Idaho 70, 190 P.3d 889 (2008). Odd-lot presumption arises upon showing that a claimant has attempted other types of employment without success, by showing that he/she or vocational counselors or employment agencies on hislher behalf have searched for other work and other work is not available, or by showing that any efforts to find suitable work would be futile. Boley, supra.; Dehlbom v. ISIF, 129 Idaho 579, 582,930 P.2d 1021, 1024 (1997). 182. Claimant failed to show it likely that he qualifies as an odd-lot worker. For failing to return to the light-duty job Employer offered, his belated excuse is not considered genuine. He was physically able to perform it. He has not attempted other work. Claimant thwarted ICRD's attempts to help him find available work. ICRD showed available work existed. Employer's offer of a return to suitable work on June 5, 2008 demonstrated a search would not be futile. Attorney Fees 183. Attorney fees are awardable where the defendants have unreasonably denied or delayed payment of benefits due a claimant. Idaho Code, § 72-804. 184. Surety senior claims examiner Ms. Owen testified and well explained in detail her reasoning when Surety denied specific claims for medical bills in this otherwise accepted FINDINGS OF FACT, CONCLUSIONS OF LAW, Al~D ORDER - 49 If7f claim. These explanations were rational, well based upon specific facts, and in accordance with Idaho Workers' Compensation Law. 185. Surety's discontinuance of psychiatric medications based upon Claimant's preexisting psychological conditions and upon the absence of reports from Dr. Heriza during November 2008 through June 2, 2009, was not unreasonable. 186. Surety's denial of the Holy Rosary bill for tests ordered by Dr. Zia and conducted April 22, 2008, was not unreasonable. 187. Surety's denials of the Lifeways bill for servIce August 31, 2009, and the Intermountain Hospital bill for service September 3 through 7,2009, were not unreasonable. 188. Surety's denial of the West Valley Medical Center and Idaho Emergency Physicians bill for service September 11, 2009, was not unreasonable. 189. Surety's denials of the Lifeways bill for service August 31, 2009, and the Intermountain Hospital bill for service September 3 through 7, 2009, were not unreasonable. 190. Surety's denials of Ontario Emergency Physicians and Snake River Radiology bills for service October 1,2009, were not unreasonable. 191. Surety's denial of the Intermountain Hospital bill for service March 15 through 24, 2010, was not unreasonable. 192. Generally, Surety has demonstrated professional competence and reasonable processing of this unusually difficult claim. Claimant failed to show an appropriate basis for an award of attorney fees pursuant to section 804. CONCLUSIONS OF LAW 1. Claimant suffered a compensable accident on April 17, 2008. He suffered physical and psychological injuries from which he has recovered to medical stability. The date FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 50 )r 7r;- of psychological stability does not affect entitlement to any benefits claimed or paid to the date of hearing; 2. Claimant is entitled to temporary disability benefits from the date of the accident to June 5, 2008, and for the period of recovery from surgery beginning February 9, 2009, through the date of medical stability on April 17, 2009; and, if applicable, for benefits based upon the difference in hours, if any, between full-time work and the light-duty job which Claimant began June 5, 2008; 3. Claimant is entitled to PPI rated at 10% of the whole person. Surety is to receive credit for overpayment which is to be applied toward permanent disability; 4. Claimant is entitled to permanent partial disability, without apportionment and inclusive ofPPI, rated at 25% of the whole person; 5. Claimant failed to show he is totally and permanently disabled and/or that he qualifies as an odd-lot worker; 6. Claimant is entitled to benefits for medical care to the date of hearing, but not in the future; and 7. Claimant failed to show he is entitled to an award of attomey fees. ORDER Based upon the foregoing, the Commission hereby orders: 1. Claimant suffered a compensable accident on April 17, 2008. He suffered physical and psychological injuries from which he has recovered to medical stability. The date of psychological stability does not affect entitlement to any benefits claimed or paid to the date of hearing; FINDINGS OF FACT, CONCLUSIONS OF LAW, Al~D ORDER - 51 /17~ 2. Claimant is entitled to temporary disability benefits from the date of the accident to June 5, 2008, and for the period of recovery from surgery beginning February 9,2009, through the date of medical stability on April 17, 2009; and, if applicable, for benefits based upon the difference in hours, if any, between full-time work and the light-duty job which Claimant began June 5, 2008; 3. Claimant is entitled to PPI rated at 10% of the whole person. Surety is to receive credit for overpayment which is to be applied toward permanent disability; 4. Claimant is entitled to permanent partial disability, without apportionment and inclusive ofPPI, rated at 25% of the whole person; 5. Claimant failed to show he is totally and permanently disabled and/or that he qualifies as an odd-lot worker; 6. Claimant is entitled to benefits for medical care to the date of hearing, but not in the future; and 7. Claimant failed to show he is entitled to an award of attorney fees. 8. An Attorney's Lien was filed on December 27,2010, by Claimant's prior counsel, Lynn Luker for services rendered in prosecuting this difficult case and taking it to hearing. Claimant objected to the lien. In order to resolve the pending lien the Commission will allow 14 days from the date of this order for Mr. Luker to file a brief setting forth his specific request for attorney fees and costs. Claimant will then have 14 days from the date of Mr. Luker's brief within which to file a response. The Commission will issue a final ruling after review of the arguments provided. Pending the Commission's ruling on potential attorney fees, Surety is instructed to hold 25% of the benefits awarded that have not yet been paid (9% PPD). IfMr. Luker does not file a FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 52 1177 brief within 14 days the Commission will issue an order releasing the remaining funds to Claimant. 9. Pursuant to Idaho Code § 72-718, this decision is final and conclusive as to all matters adjudicated. IT IS SO ORDERED. DATED this 2-d day of (haw ,2012. 'J INDUSTRIAL COMMISSION Thomas P. Baskin, Commissioner /;1t;n ~ R. D. Maynard!6ommissioner FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - 53 ( /7~ CERTIFICATE OF SERVICE , /\ I hereby certify that on the 21 day of rJI t!-,--r , 2012, a true and correct copy of the foregoing FINDINGS OF FACT, CON JAMES W. CLARK 3515 HARNEY ST VANCOUVER, W A 98660 Courtesy Copy to: LYNN LUKER AND by personally delivering the same upon RACHEL O'BAR, through her agent, at the Industrial Commission Offices, 700 S. Clearwater Lane, Boise" Idaho. , FINDINGS OF FACT, CONCLUSIONS OF LAW, Mll ORDER - 54 /171 J Lynn M. Luker (ISB #2579) LYNN M. LUKER, P.A. 1010 N. Orchard St. #4 P. O. Box 190929 Boise, Idaho 83719 Telephone: (208) 343-0022 Fax: (208) 375-0501 Attorney for Claimant BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK ) ) Claimant, ) I. C. No. 08-013505 v. ) ) ATTORNEY'S BRIEF ON CRY BABY FOODS, LLC, ) MOTION FOR APPROVAL ) OF ATTORNEY'S LIEN Employer ) :") ) ~. IDAHO STATE INSURANCE FUND ) --- ,. ~- ) -. i Surety, ) _0 Defendants. ) _A. ~_, -.,.- '--' ) ,l.. -~ v- -., - '--' I. Introduction ·V Ul On December 27,2010, counsel Lynn M. Luker on behalf of Lynn M. Luker, P.A., [hereinafter "lienor"] filed a lien and motion for approval of attorney fees in the amount of 25% of all amounts recovered, and for out of pocket expenses in the amount of $691.30. The lien was filed following the Commission's granting of counsel's motion to withdraw on December 21,2010. An Affidavit of counsel was filed contemporaneously with the Lien and Motion detailing the relevant facts and attaching the attorney / client contract relevant to the matter. ATTORNEY'S BRIEF ON MOTION FOR APPROVAL - PAGE 1 I/~ /) The contract provides in paragraph 1 that "Claimant agrees to cooperate fully with attorney." The contract further provides in paragraph 5 that: In the event of discharge of the Attorney by the Client before completion of this matter, or should Attorney be forced to cancel this contract due to lack of cooperation on the part of Client as agreed to in paragraph 1 above, the Client agrees to pay Attorney, at Attorney's option, either: (A) for the time Attorney has spent on behalf of the Client at the rate of $130 per hour, or (B) the amount stated in paragraph 2 above if recovery on the claim is otherwise obtained by the Client or his/her agent. . . . Client hereby grants to Lynn M. Luker, P.A. an attorney lien on Client's causes of action to secure the client's ob!igations under this agreement. Claimant and counsel had substantial disagreement about how the case should proceed and be presented, including the irrelevance of many issues of interest to the claimant, and the value of potential benefits and probable outcomes. Claimant's strident opinion on legal and factual issues in the case, contrary to judgment of counsel, made it such that counsel was not able to exercise professional judgment in obtaining the best result for the claimant. After seeing claimant through a year of representation including much counseling, exhibit collection and preparation, discovery, medical provider contacts, negotiations, mediation, depositions, and hearing, counsel terminated representation following a combination of claimant's rejection of generous offers by the surety, and claimant's criticism of counsel's legal representation. The difficulties were compounded by claimant's volatile personality with which counsel dealt for a year attempting to keep the claim on a viable track. Over the course of a year claimant and counsel had at least 120 communications either in person, on the phone or voicemail. Communications varied from heart felt discussion to rants in which claimant would often indicate that he did not need a lawyer, and only had counsel because the Commission required it. ATTORNEY'S BRIEF ON MOTION FOR APPROVAL - PAGE 2 lit! In fairness to the claimant, he did provide information, and make himself available to counsel throughout the process and otherwise logistically cooperate with counsel in presenting the case. Counsel gained appreciation for both the difficult life that claimant had experienced, and his PTSD which was caused by the accident and injury, and attempted to persevere in the attorney I client relationship. In the end, however, the combination of claimant's rejection of the advise of counsel, and criticism made it evident that further efforts on the part of counsel would not be productive for either claimant or counsel, and rather the relationship would continue to deteriorate. II. Attorney Fees Counsel recognizes that the case is the client's and that the client has the ultimate right to decide whether or not to settle a case, and further that exercising that right does not constitute lack of cooperation. When, however, the client criticizes, second guesses actions by counsel, and rejects advice of counsel in deference to his own perceived knowledge of the law and process, counsel has little choice but to withdraw. Counsel believes such constitutes a "constructive discharge" of attorney, or failure to cooperate under the agreement, entitling counsel to fees for work performed. Such occurred in this unusual case. Under the contract attorney has the option of charging fees based upon the contingency of 25% or 30% as applicable, or under paragraph 5(A) an hourly rate based upon $130 per hour. Recognizing the difficulties faced by the claimant, as well as the fact that this is an unusual case, counsel is requesting attorney fees only for time spent for actual appearances at the contract rate of $130 per hou r as follows: ATTORNEY'S BRIEF ON MOTION FOR APPROVAL - PAGE 3 /11-;- 08/27/2010 Mediation 3 hours 10/18/2010 Client Deposition 5 hours 11/18/2010 IC Hearing 8.5 hours 12/09/2010 Jewell Owen Deposition 1.5 hours 12/17/2010 Dr. Hansen Deposition 3 hours 21 Hours 21 Hours @ $1301 hour =$2,730 The fee is less than 25% of the award reserved by the Commission, and is therefore within the lien amount. If for some reason the Commission does not find constructive discharge, or non-cooperation under the contract, counsel requests that the same fee be awarded under the equitable principles of Quantum Meruit. The Commission is vested with equity jurisdiction under I.C. §72-708. Since the Commission is familiar with the record, and counsel's fee request is based only upon the above appearances, the Commission, based upon the record, can determine whether claimant received benefit from the services of counsel under Quantum Meruit. III. Costs Counsel's lien and affidavit also requests reimbursement for the cost of deposition expenses including transcripts and mileage in the total amount of $691.30. The attorney 1 client contract provides in paragraph 3: Regardless of the outcome, Client agrees to pay all out-of-pocket expenses incurred in the preparation of the case, including, but not limited to, costs for medical records, travel expenses, investigation, depositions, lay and expert witness fees, photocopying and postage. Client authorizes ATTORNEY'S BRIEF ON MOTION FOR APPROVAL - PAGE 4 Itd3 Attorney to deduct such out-of-pocket expenses and the agreed-upon attorney fee from any amount recovered. Consequently, regardless of the outcome of the case, or the issue of attorney fees, counsel is due reimbursement of the costs listed in the affidavit. IV. Conclusion Based upon the forgoing, counsel requests that Lynn M. Luker, P.A., be paid attorney fees of $2,730, and costs of $691.30 from the award and reserved funds. DATED this 8th day of May, 2012 LYNN M. LUKER, P.A. Lynn M. Luker Attorney for Claimant ATTORNEY'S BRIEF ON MOTION FOR APPROVAL - PAGE 5 //8cf CERTIFICATE OF MAILING I HEREBY CERTIFY that on this 8th day of May, 2012, I mailed a true and correct copy of the foregoing ATTORNEY'S BRIEF ON MOTION FOR APPROVAL OF ATTORNEY'S LIEN, postage prepaid, to the following: James W. Clark 3515 Harney Street Vancouver, WA 98660 Alan K. Hull Rachael M. O'Bar Anderson, Julian & Hull, LLP P.O. 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(, •..• (1"''',': .. ~::·,,:a./ ·~ (7('!' ~ "~""',;;) Vii "I' '-) ... .. '\sc· >"".'_.7.·~,.~ _ ~ •~ \~·u;()~7'.~'.;v ~ -...... ,. _ __~1': ••• ~'.~.: ".., _•• t'~., ," .'.;~.":.".. _ "."-( ..~ •. ..,,~, ... '" ..• " .~':_'."_< " .,,',~ ...... ~..., " ... ~ .... lo...... : .. ~...... ~ ,,_ ..... _ ... ~ t• oJ. ..~_'- •• ~J ....'V \I ... ,. IJ~~ 05/14/2012 MON 18: 28 [TX/RX NO 7282] !4l 002 M ~ ~ 1.:r 1 2 06: 02 a Valu Dell Customer Jame 13602 618 p.1 j /1 gr 05/14/2012 MON 08: 22 [TX/RX NO 7252] I4i 001 M j~ ·'.A.'l: T 12 06:02a Valu Dell Customer Jame 1360 619 p.2 [f<> tvtL Phcy) ~ _____ ------<3 / lifo 05/14/2012 MON 08:22 [TX /RX NO 7252] ~ 002 Ma:; L4 12 06:02a r Valu Dell CUstomer Jame 13602- 619 p.3 LY 1\11~ IVl. LU l\...t!JK, t" .A. ATTORNEY AT LAW LYNN M. LUKEK l,.iCt:fol.:sI':D IN /1))\,)1<.) '" UTA-II c~R"1'l r'lel> SI'!::CJAI..ts!' WC>I't"EAA' COM I~NS,\jION II~ 101\110 MAlLlNG A.VOlU:f1S P.O. I'JOX 1"lO9~ nOISE. 10 113719 TO; Fn>m; Lynn M. Luker S~E1' .... OL>~~ )0101'1. OIilCHAJ'({1 tlTJ(J::~ *4 OOIS";. I\) &.;\71)6 Faxt 360--258-1619 TUEf'HONt'. (:lOS) J.<\J.t)O:1:l Attorney Fee Agreement COpy Dabr; 511212012 1·'A)( 1:l(8) ::l75'05lH F/MNI. Jim: lm.tu~.• nu.d""""""'ltf: ... '(W"'rI Per your request, attached is a copy of tile fee agreement. It is an unsigned copy, as I am ~ot at my offICe and able to copy that one, however, the signed copy is part of my lien wnich wa$ filed with the Commission and copied to you. This copy has all Of the language of the agreement. Yours truly. LYNN M. LUKER, PA Lynn M. Luker Attomey at law CON 1'1 DINTIA LIT" NOTICE- Thill fa~mik tranSmi5$lon and documents accompanying it may oofltlJin CDn f!denlia! infOrmation bclonsln~ to ltle s-=nder which is protected by the Ilttomey-,cliefit pfivilegc. The information is imendy telcphone U) nmnge for rhe return ~ftbe (iocu~ms. 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""""zt.vo... If..t ..... ttY .... Q- ..,f~_ ...... -...... w -.)r1L.d-..crftlIU' ... __ ' ..... 4\ff~e,; ...... u.~ \.\:':".I''''~.'''' "'" ...... "" •• ~ .> ...... ,-...... • ; ...... w: ...... 0-.> ...... ,""' .. "'W.·"" ... nl"'f1~ Of ptOm; ...... b:. Oei:lN~~n Ciia::ntand Attorn9Y aXee.,t those expressly set forth In thIs contract. In WITNESS WHEREOF. the pal1ies hereto t\ave set their hands the date jn this contract first above writ1en. Client Attorney • V" T \J-:l'UrVT lif )l.l)t.l t1 1/Cf;IA 05/14/2012 MON 08:22 [TX/RX NO 7252J p. 1 J, Ma!::l 18 12 07: 44a Val I Dell CUstomer Jame 1360 I 1618 p. 1 ...: ... ~- ," "S=- ;:.: ... ~"t!.'" f -:._- ". .__ . -~l ~ .... . ~ -_ .. .,' "N .>._. "'~"'~' ., ,,_ _ ,:" "_, '" M' '"'' H_.. •• _'. ,,_ ••••••• __ ••••••••, - •• _-- _. '. " ",. ,,' --", .. ".~ .. -... ,,:.~...... ·j"a~", .. , ..,...... ~,~ ... ~ _...... -.,.,.. .,'-" ., .... ~/:~1- ,,'1,· .', ""'" C L.,,/ ,. -"",~' ~7"':~~'·-;'~'·.r-:;:'·-.. -...... --- '-"'_ __, .-_..' ..... _... . __ , "--7~""""'-~'-- .. '-:-~"',,:,' :::-;--'.,:,,7'::::>~-"-" "--, ,'" ...... -':.~~_.. .. __ .~' __ ,_ ___ . _, .... I . . I i I .. - "--. '" 1.. ·- "" ....-...... '" -...... "'"'' ...... - ....-. _.. .-.... '-. "'- ... ,--_.. _ ..... _.- '''-..... ''"-' "_.. "'-" .. -.... - ... • « __ __..,_. __+_ ..•__ •. __._, . . _._."___ ' __ .. '.'_' __ ._. ' __ '" - .0_- ,___ "_"' __, __ ,_. __ '" __.'_' __' __ ._ "' /113 05/18/2012 FRIll: 04 [TX/RX NO 7308] @001 M ,~ ! 12 ..... ' 12:05p Val Dell Cust omer- Jame 1380 1819 p. 1 / 'Be~ Th& LtdU2;fr\ 'o-L : (3:;, lVll1/ll5:5 t'cr7 c> P 11rtz--. -.5 kJ£- FILe : C~ ICbJ" c .: MAy 2 1 iNDUSTRIAL COMMISSION OS/21/2012 MON 15'26 I [Cf4 . [TVRX NO 73231 fA, '!6J 001 ,,~') ~ 1 : - ~ L., 1 2 1 2 : 08 P Val Dell Cust omer Jame 1380 1819 P·2 05/21/2012 MON 15.26 [ 111&- . TX/RX NO 7323J @002 I .... -'-J ...,. '-'"",", "'-. 12 12:08p Val De 11 Cu t some,... Jame 1380 1819 P·4 OS/21/2012 MON 15-26 /117 . - CTVRX NO 7323J @004 I Ma~ 22 12 07: I5s Valu , ~ell Customer Jame 13602 p. 1 ~J' •. <~.··~l=L~?~J.~~~I1'Li~~l'(~~-~ ....• ,~t~~Jf'b~~~~ ~ .... -. ..:~ __ :_~~-:=-~-~~:=~: _ 1/1g OD/2212012 TUE 10: 36 [TXlRX NO 7330] i4J 001 Ma:;:! 21 12 12: 16p Valu Dell Customer Jame 1360? 619 p. 1 / SOCIAL SECURITY ADMINISTRATION Office of DisabiJity Adjudication and Review FilE DECISION 2 1 2012 IN THE CASE OF CLAIM FOR INDUSTRiAL COMMISSION Period of Disability and Disability Insurance James W. Clark Benefits (Claimant) (Wage Earner) (Social Security Number) JURISDICTION AND PROCLDURAL HISTORY This case is Defore the undersigned on a request for hearing dated July 20, 2010 (20 CFR 404.929 et seq.). The evidence of record supports a fully favorable decision; therefore no hearing has been held (20 CFR 404.948(a»). The claimant is represented by Ernest Shell, a nOll attorney representa1i ve. The claiman1 is alJeging disability since April 17,2008. ISSUES The issue is whether the claimant is disabled under sections 216(1) and 223(d) of the Social Security Act. Disability is defined as the inability to engage in any substantial gainful activity hy reason of any medically determinable physical or mental impairment or combination of impai.rments that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months. There is an additional issue whether the insured status requirements of sections 216(i) a.nd 223 of the Social Security Act are met. The claimant's earnings record shows that the claimant has acquired sufficient qum1ers of coverage to remain insured through December 31, 2009. Thus, the daimant must establish disability on or before that date in order to be entitled to a period of dis,lbility and disability insurance benefits. Al1:er carenll review of the entire record, the undersigned finds that the cl~thas been . disabled from April 17, 2008, through tbe dale ofth1s decision. 111e lInder~gned also finds that the insured status requirements ofthe Social Secllrity Act \vcre met as of~ date disability is established. . APPLICABLE LA": Cnder the authority of the Social Security Act, the Social Security Administration has established a five-step sequential evaluation process for detennining whether an individua1 is disabled (20 CFR 404. 1 S20(a)). The steps are followed in order. Ifit is determined that the See Next Page /111 05/21/2012 MON 15:37 [TXlRX NO 7324] 141001 Ma::;1 22 12 05:50a Valu Dell Customer Jame 13602 619 p. 1 / 00001568000008010100000000 '1.'.' ~..Jo . STATE INSURANCE FUND May 17, 2012 James Clark 3515 Harney St Vancouver WA VANCOUVER, WA 98660 ORIGINAL NOTIFICATION SENT TO CLAIMANT NOTICE OF CLAI M STATUS INJURED WORKER: James Clark IC Claim Number: 2008013505 DATE OF INJURY: 04/17/2008 Claim Number: 200806268 EMPLOYER: Cry Baby Foods LLC INSURANCE COMPANY: STATE INSURANCE FUND ADDRESS: 1215 W STATE STREET - PO BOX 83720 CITY: BOISE STATE: IDAHO ZIP: 83720-0044 This. is to notify you of the CHANGE OF STATUS or DENIAL of your workers' compensation benefits as indicated in the statement below: This is to notify you that your permanent partial impairment award has been paid in full. If you have any questions, please contact this office. Sincerely, JewelOwen. Claims (208) 332-2422 cc: Cry Baby Foods LLC rn Idaho Industrial Commission CL098 1215 W. STATE STREET • P.O. Box 83720 • BOISE, IDAHO 83720-0044 PHONE (208) 332-2100 • (800) 334-2370 • WWW.lDAHOSIF.org J~{)O 05/2212012 TUE 09: 11 [TX/RX NO 7328] l4J 001 / BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CRY BABY FOODS, LLC, CERTIFICATE OF SERVICE Employer, and Il s: D IDAHO STATE INSURANCE FUND, 2 INDUSTRIAL COMMiSSION Surety, Defendants. I hereby certify that on the 22nd day of May, 2012, true and correct copies of: 1. Claimant's faxed Motion for Extended Time (1 page), filed May 11, 2012; 2. Claimant's faxed copy ofletier to Mr. Luker, dated May 11,2012, filed May 14,2012 (4 pages); 3. Claimant's faxed Second Request for Extended Time on Response Brief of Attorney Lien Order (1 page), filed May 14,2012; 4. Claimant's faxed Second Motion for Extended Time on Appeal Process (1 page), filed May 18,2012; 5. Claimant's faxed filing regarding attorney fee issue (4 pages), filed May 21,2012; 6. Claimant's faxed copy of Social Security Administration Office of Disability Adjudication and Review Decision (1 page), filed May 21, 2012; CERTIFICATE OF SERVICE - 1 /:Ao / filed in the above matter, was served by facsimile processing machine upon the following: RACHEL O'BAR FAX # (208) 334-5800 Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST V ANCOUYER, WA 98660 CERTIFICATE OF SERVICE - 2 BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, FILE D Employer, and MAY 22 2012 IDAHO STATE INSURANCE FUND, !NDUSTRIAL COMMISSION Surety, Defendants. I hereby certify that on the 22nd day of May, 2012, true and correct copies of: 1. Claimant's faxed Motion for Extended Time (1 page), filed May 11,2012; 2. Claimant's faxed copy ofletter to Mr. Luker, dated May 11,2012, filed May 14,2012 (4 pages); 3. Claimant's faxed Second Request for Extended Time on Response Brief of Attorney Lien Order (1 page), filed May 14,2012; 4. Claimant's faxed Second Motion for Extended Time on Appeal Process (1 page), filed May 18,2012; 5. Claimant's faxed filing regarding attorney fee issue (4 pages), filed May 21,2012; 6. Claimant's faxed copy of Social Security Administration Office of Disability Adjudication and Review Decision (1 page), filed May 21,2012; 7. Claimant's faxed Request for Copy of Lynn Luker's Order to Withdraw as Counsel CERTIFICATE OF SERVICE - 1 /;J!J3 After Hiring Mr. Luker Back on December 27, 2010 (1 page), filed May 22, 2012; and 8. Claimant's faxed copy of Notice of Claim Status from State Insurance Fund dated May 17,2012 (1 page), filed May 22, 2012; filed in the above matter, was served by facsimile processing machine upon the following: LYNNMLUKER FAX # (208) 375-0501 Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, W A 98660 CERTIFICATE OF SERVICE - 2 / BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. AMENDED CRY BABY FOODS, LLC, CERTIFICATE OF SERVICE (Correct Fax Number) Employer, and Fi LE IDAHO STATE INSURANCE FUND, 2 Surety, INDUSTRIAL COMMISSION Defendants. I hereby certify that on the 22nd day of May, 2012, true and correct copies of: 1. Claimant's faxed Motion for Extended Time (1 page), filed May 11,2012; 2. Claimant's faxed copy ofletter to Mr. Luker, dated May 11,2012, filed May 14,2012 (4 pages); 3. Claimant's faxed Second Request for Extended Time on Response Brief of Attorney Lien Order (1 page), filed May 14,2012; 4. Claimant's faxed Second Motion for Extended Time on Appeal Process (1 page), filed May 18,2012; 5. Claimant's faxed filing regarding attorney fee issue (4 pages), filed May 21,2012; 6. Claimant's faxed copy of Social Security Administration Office of Disability Adjudication and Review Decision (1 page), filed May 21,2012; CERTIFICATE OF SERVICE - 1 filed in the above matter, was served by facsimile processing machine upon the following: RACHEL O'BAR FAX # (208) 344-5510 Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, WA 98660 CERTIFICATE OF SERVICE - 2 j BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CRY BABY FOODS, LLC, CERTIFICATE OF SERVICE Employer, and FI E IDAHO STATE INSURANCE FUND, 22 Surety, INDUSTRIAL COMMISSiON Defendants. I hereby certify that on the 22nd day of May, 2012, true and correct copies of: 1. Claimant's faxed Request for Copy of Lynn Luker's Order to Withdraw as Counsel After Hiring Mr. Luker Back on December 27, 2010 (1 page), filed May 22, 2012; and 2. Claimant's faxed copy of Notice of Claim Status from State Insurance Fund dated May 17,2012 (1 page), filed May 22, 2012; filed in the above matter, was served by facsimile processing machine upon the following: RACHEL O'BAR FAX # (208) 344-5510 Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, W A 98660 CERTIFICATE OF SERVICE - 1 1:Ao7 BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES CLARK , Claimant, v. IC 2008-013505 CRY BABY FOODS, LLC, ORDER REGARDING Employer, :MOTIONS and FI LE IDAHO STATE INSURANCE FUND, MAY 22 2012 Surety, iNDUSTRIAL COMMISSiON Defendants. On May 2, 2012, a decision was issued in the above-captioned case. The decision provided that Claimant's former attorney, Lynn Luker, should file a brief in support of his pending attorney lien within fourteen days. Claimant would then have fourteen days from the filing of Mr. Luker's brief to respond. In accordance with the decision, Mr. Luker filed his brief on May 9,2012. Claimant has subsequently filed several pleadings, including: 1. A motion for extended time, filed May 11, 2012, in which Claimant asks for additional time to respond to Mr. Luker's brief; 2. A second request for extension of time, filed May 14, 2012; 3. A motion for approval of extension of time, filed May 14, 2012, in which Claimant requests additional time to file an appeal from the May 2, 2012 decision; 4. A second motion for extended time in appeal process, filed May 18, 2012, in which Claimant requests an additional three months to file his appeal from the Commission's decision; ORDER REGARDING MOTIONS - 1 5. An untitled document, filed May 21, 2012, alleging that Defendant Surety had violated Claimant's due process, and again requesting an additional three months to file an appeal; and 6. An untitled document, filed May 22, 2012, requesting copies of Commission orders regarding Mr. Luker's withdrawal as Claimant's attorney ofrecord. We find good cause to GRANT Claimant's request to extend time to reply to Mr. Luker's brief. Claimant shall have twenty-eight (28) days from the date of this order to file his response. However, it is not within the Commission's authority to grant Claimant's request to extend the time in which he may file an appeal from the May 2,2012 decision. Idaho Code § 72- 724 provides that an appeal from a Commission decision may be made to the Supreme Court "within such times and in such manner as prescribed by Rule of the Supreme Court." Pursuant to Idaho Appellate Rule 14(b), a notice of appeal from a Commission decision must be filed within forty-two (42) days from the date of the decision. Idaho Appellate Rule 21 further provides that failure to file a notice of appeal within the required time "shall be jurisdictional and shall cause automatic dismissal of such appeal." Claimant's motions to extend time to file an appeal are therefore DENIED. Claimant's request for copies of Commission orders relating to Mr. Luker's withdrawal specifically cites a "copie [sic] of Lynn Luker's order to withdraw as counsel after hiring Mr. Luker back on December 27,2010. The Claimant is asking the Commission if there is a second attorney request of counsel withdraw [sic] following his rehire of December 27, 2010." Commission records indicate that the hearing in this case was held on December 9, 2010. Mr. Luker filed a motion to withdraw on December 20, 2010, which was granted on December 21, 2010. Mr. Luker then filed his lien on December 27, 2010. Thereafter, there is no notice of appearance by Mr. Luker that would indicate he was ever "rehired" by Claimant. Claimant shall be provided with copies of M..r. Luker's motion to withdraw, dated ORDER REGARDING MOTIONS - 2 December 20, 2010, and the Commission's order granting Mr. Luker's motion to withdraw, dated December 21, 2010. There is no order to withdraw dated subsequent to December 21, 2010. IT IS SO ORDERED. DATED this ~tY day of May, 2012. INDUSTRlAL COMMISSION Thomas P. Baskin, Commissioner CERTIFICATE OF SERVICE I hereby certify that on the ~day of May, 2012, a true and correct copy of the foregoing ORDER REGARDING MOTIONS was served by facsimile upon each of the following: JAMES W CLARK (360) 258-1619 RACHEL O'BAR (208) 344-5510 LYNNMLUKER (208) 375-0501 eb ORDER REGARDING MOTIONS - 3 /:A/D I BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CRY BABY FOODS, LLC, CERTIFICATE OF SERVICE Employer, and I LE D MAY 2 2 2012 IDAHO STATE INSURANCE FUND, INDUSTRiAL COMMISSION Surety, Defendants. I hereby certify that on the 22nd day of May, 2012, true and correct copies of: 1. Motion to Withdraw as Counsel, filed by Lynn M. Luker on December 20, 2010; 2. Order Granting Withdrawal of Attorney, filed December 21,2010; were served by regular United States Mail upon: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, W A 98660 Mane Wilson Assistant Commission Secretary cc: RACHEL O'BAR PO BOX 7426 BOISE ID 83707-7426 LYNNMLUKER PO BOX 190929 BOISE ID 83719-0929 CERTIFICATE OF SERVICE - 1 fAIl Ma~ 22 12,11: 36a Valu Dell Customer Jame 13602 619 p.l ... _-- -...•. " • -..... ,. "._ ... '-"-" --. "--..._-- ._. ,.. ,- ... - "-- ..... " -_._--. "-'-'--"'"-"-"-"'-.---"-#,-~---.. '.'- I . ..-.... _... -_.: -:mO+--JOvt-- -~~~:-~~Jga~C\:-~r:r~~~-12on==~~"_=--~=-=--~ Ma~ 22 12 11:37a Valu Dell Customer Jame 13602 619 p.2 .. - ...... -.-.. , ...__ .-...- ...----.-- ..-.- ...-.- .... - ...... - .... -.--.. -..• -.-~ ..::::::~.::~- .. -.-.-.-.• --- -"'_._"---" .--.::.:~---- - .... ---)~/ 05/2212012 TOO 14:57 [TXlRX NO 7333J [@0022 Ma~ 22 12 10:01a Valu Dell Customer Jame 13602 619 ! p. 1 j ~==F==---· -.-~=-===~====- .~~~=J~-~-----=~=--=--= /}JLj 05/22/2012 TUE 13: 21 [TXlRX NO 7331] I4J 001 Ma~ 22 12 10:01a Valu Dell Customer Jame 13602 618 p.2 I "'-.-- "_...... ~ ...... -~ ... ~. -- - - .. . -."--- "--'~'-".--' _.. - ..... ---...... _--"_.. _- -- ...---.--.-.- .. ---.-" .... --.- .. ~-.--- ... ------. --. ---- ...... __ .__ ...... _._-- .. __ ... _.... _.. _--.. ---'---.. , _..7d~ of_~ ...... __ IlJb' 05/2212012 TlIE 13: 21 [TXlRX NO 7331] I4J 002 j BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CRY BABY FOODS, LLC, CERTIFICATE OF SERVICE Employer, and FI LE D IDAHO STATE INSURANCE FUND, MAY 22 2012 Surety, INDUSTRIAL COMMISSION Defendants. I hereby certify that on the 22nd day of May, 2012, true and correct copies of: 1. Claimant's faxed Motion for Approval of Exstension [sic] of Time so Claimant can Properly Address Commission Order (2 pages), filed May 14,2012; 2. Claimant's faxed Motion for All Documents & Things (2 pages), filed May 22, 2012; 3. Claimant's faxed Motion for Clearification [sic] (2 pages), filed May 22, 2012; filed in the above matter, was served by facsimile processing machine upon the following: RACHEL O'BAR FAX # (208) 344-5510 LYNNMLUKER FAX # (208) 375-0501 Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, WA 98660 CERTIFICATE OF SERVICE - 1 /)'/b OR IGl NAL ANDERSON, JULIAN & HULL LLP C. W. Moore Plaza 250 South 5th Street, Suite 700 P. O. Box 7426 Boise,ID 83707-7426 Telephone: (208) 344-5800 Facsimile: (208) 344-5510 Alan K. Hull - ISB No.: 1568 Rachael M. O'Bar - ISB No.: 5823 Attorneys for Defendants BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, I.C. No. 08-013505 vs. DEFENDANTS' RESPONSE TO CLAIMANT'S MOTIONS FILED CRY BABY FOODS, LLC, MAY 22, 2012 Employer, and IDAHO STATE INSURANCE FUND, Surety, Defendants. COME NOW the Defendants, by and through their undersigned counsel of record, and respond to the following pleadings that were not addressed by the Commission's May 22, 2012, Order Regarding Motions: Claimant's Motion for All documents & Things (2 pagesL filed May 22, 2012; and Claimant's faxed Motion for Clearification [sic] (2 pagesL filed May 22, 2012. DEFENDANTS' RESPONSE TO CLAIMANT'S MOTIONS FILED MAY 22.2012 - 1 I;)J7 Motion for All Documents And Things Claimant has requested through his motion copies of "all documents in there per [blank] including all audio version of all recorded conversation that was done through the office of Anderson Julian & Hull LLP with Ms. Rachell O'Sar ... " as well as all correspondence or documents sent to the parties or to medical providers. Claimant, through his attorney, received a complete copy of the hearing exhibits prior to the hearing. Thereafter, following Claimant's counsel's withdrawal from the case, Defendants voluntarily provided copies of the pre-hearing pleadings and discovery in the case, as well as post-hearing depositions and exhibits. Furthermore, Defendants frequently provided copies of documentation upon Claimant's request as a courtesy to Claimant. Obviously, this case involves an extensive amount of documentation, and duplication costs are expensive. Defendants submit that Claimant's request is unduly burdensome, and Claimant has been provided all documents to which he is entitled in connection with his claim. Furthermore, Claimant's appeal must be based upon the exhibits and testimony provided at the hearing in this matter. His additional requests for audio recordings and correspondence and documentation are essentially discovery requests. As the Commission's decision of May 2, 2012, is final and conclusive as to all matters adjudicated, Defendants submit that Claimant's discovery motions are not timely and moot. Motion for Clarification Pursuant to the Findings of Fact, Conclusions of Law, and Order, filed May 2, 2012, the State Insurance Fund has held 25% of the benefits awarded that have not yet been paid, or $3,823.88. Pursuant to the Commission's Order, Claimant has until June 18, 2012, to file his reply brief regarding disputed attorney fees. The withheld funds have not been paid to Claimant's former attorney, Lynn Luker, and DEFENDANTS' RESPONSE TO CLAIMANT'S MOTIONS FILED MAY 22, 2012 - 2 will be held by State Insurance Fund until the Commission issues its Order regarding disputed attorney fees. DATED this ,r.-rl day of May, 2012. ANDERSON, JULIAN & HULL LLP CERTIFICATE OF MAILING 1-'- I HEREBY CERTIFY that on this day of May, 2012, I served a true and correct copy of the foregoing DEFENDANTS' RESPONSE TO CLAIMANT'S MOTIONS FILED MAY 22, 2012 by delivering the same to the following, by the method indicated below, addressed as follows: James W. Clark U.S. Mail, postage prepaid 3515 Harney Street i>j Hand-Delivered Vancouver, WA 98660 [ ] Overnight Mail (360) 258-1619 [ ] Facsimile . Rae el . O'Bar DEFENDANTS' RESPONSE TO CLAIMANT'S MOTIONS FILED MAY 22, 2012 - 3 Jun 01 1200a p.1 BEFOR THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES CLARK, Ie 2008-013505 Appellant Notice of Appeal CRY BABE FOODS,LlC, On Commission's Employer, IDHAO STATE INSURANCE FUND, Surety, Defendants. m TO THE IDAHO STATE INSURANCE FUND AND THE PARTY'S ATIORNEY'S ANDERSON, JULIAN & HUll LLP AND THE CLERK OF THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO. 1J NOTICE IS HEREBY GIVEN THAT JAMES W CLARK APPEALS AGAINSTTHE IDAHO STATE INSURANCE FUND TO THE IDAHO SUPREME COURT ON THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO'S FINNAL OPINION ON THERE FINDINGS OF FACTS, AND CONCLUSIONS OF LAW. 1} APPELLANT FAILD TO 1 06/01/2012 FRI 09;04 [TX/RX NO 7402] 141001 J:' l '15~1(CoJ.~9 v,t-t-bl~/f~S\- '- if\zd- <3;;tS //ttl~t~d 6~ V6q~d~~~/Jtf?~~ 3/t-f'a 6'B"./ tb i l' JAM ES W CLARK BEFOR THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES CLARK, Ie 2008-013505 Appel/ant Notice of Appeal CRY BABE FOODS,LLC, On Commission's Employer, IDHAO STATE INSURANCE FUND, Surety, Defendants. TO THE IDAHO STATE INSURANCE FUND AND THE PARTY'S ATIORNEY'S ANDERSON, JULIAN & HULL LLP AND THE CLERK OF THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO. !J NOTICE IS HEREBY GIVEN THAT JAMES W CLARK APPEALS AGAINST THE IDAHO STATE INSURANCE FUND TO THE IDAHO SUPREME COURT ON THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO'S FINNAL OPINION ON THERE FINDINGS OF FACTS, AND CONCLUSIONS OF LAW. 1) APPELLANT FAILD TO 1 SHOW HE IS TOTALLY AND PERMANENTLY DISABLED AND/ OR THAT HE QUALIFIES AS ODD-LOT WORKER. 2.) THAT SURETY HAS DEMONSTRATED PROFESSIONAL COMPETEANCE AND REASONABLE PROCESSING OF APPELLANT'S CLAIM. 3.) THE APPELLANT FAILED TO SHOW HE IS INTITLED TO ATIORNEY FEES. 4.) APPELLLANT HAD TO PAY HIS ATIORNEY 25% WITCH CAME OUT TO BE 3,823.88 OF THE LlTILE AMOUNT OF BENEFITS APPELENT WAS PAYED 5.) SURETY IS TO RECEIVE CREDIT FOR OVERPAYMANT. 6.) UNAFECTIVE ASSTANCE OF COUNSEL 7.) THE STATEMENT MADE BY MR.DONOHUE THAT THE APPELENT HAD fl;~ ATIORNEY IN LATE SEPTEMBER WITCH IS A LIE AND OTHERE FACTERS. INTERED IN THE ABOVE-ENTITILED ACTION ON THE, 2 DAY OF MAY 2012 II THE APPELLANT HAS A RIGHT TO APPEAL TO THE IDAHO SUPREME COURT, AND THE JUDGMENTS OR ORDERS DESCRIBED IN PARAGRAPH 1 ABOVE ARE APPELLABLE ORDERS UNDER AND PURSUANT TO RULE [e.g.(11(a)(2) or (12(a))} I.A.R. 3.( A PRELIMINARY STATEMENT OF THE ISSUES ON APPEAL: THE ftf?~Jldi1tWAS IN A WORK RELATED INJURY ON APRIL 17 2008 THAT ALLMOST TOOK HIS LIFE AND ALMOST TOOK FROM THE MID FORARM TO MY FINGER TIPS OFF OF MY RIGHT ARM.( I WAS RIGHT HANDED) ON APRIL 17 2008 MY EMPLOYER CRY BABY FOODS LLC FILED A WORKERS COMPANSATION CLAIM. BETWEEN APRIL 2 AND ARIL 5 2008Itffr/{NrtHAD REGUISTED A REFEREEL FROM THE DOCTOR THAT SEEN ME IN THE HOSPITAL AFTER BEING LIFE FLIGHTED FROM MY HOME TOWN OF WEISER 2 IDAHO TO BOISE HOSPITAL TO A DOCTOR THAT WAS IN MY HOME TOWN DO TO T!1E fAIN MEDICATION I WAS ON AND THE FACT THATTHEfff-$I!!!J(~ HAD TO DO HIS OWN DRIVING FOR AT THAT TIME THE STATE FUND WOULD NOT HELP ME WITH TRANSPORTATION AND FOR SAFTY ISSUE OF DRIVING WHILE UNDER THE INFLUEANCE OF A CONTROLED SUPSTANCE. THEN BETWEEN MAY 5 2008 AND MAY 29 2008 THE 'f1iOft~~1(FOUGHT WITH THE STATE FUND TO SEND MY REFEREL TO MY NEW DOCTOR THAT I HAD SET MY FIRST VISIT FOR ON MAY 30 2008. ON OUR AROUND MAY 23 2008. THEN DEBBIE FROM MY NEW DOCTOR CALLS WANTING TO COUNCILE MY APPOINTMENT DUE TO THEY HAVE NOT RECIEVED MY REFEREL FROM THE STATE FUND. THE ffrJUI-r EXSPLAIND TO DEBBIE TO HOLD OFF AND I WILL WORK ON GETTING THE REFEEREl. EVERYDAY TWO THREE TIMES A DAY I WOULD CALL THE STATE FUND TO FIND OUT WHAT THE HOLD UP IS. AND THEN LATE AFTERNOON ON MAY 292008 DEBBIE FROM DOCTOR HANSENS OFFICE CALLS AND TELL ME THAT THEY HAD NOW RECIEVED MY REFERREL TQ S[ART SEEING DR. HANSEN. BY THIS INFORMATION THE /tp;WI1F NOW BELEAVES HE NO LONGER HAS TO DRIVE BAC~ AfAD FORTH TO BOISE FOR MEDICAL APPOINTMENTS.If?;>.tMsEE'S HIS NEW DOCTER ON MAY 30 2008 AND SETS MY NEXT APPOINTMENT FOR TWO WEEKS. ON JUN 5 2008 l[rff/urIP'CKS UP A CERTIFIDE LEDER AT THE POST OFFICE FROM HIS EMPLOYER STATING THE f4pp~hirJ HAS BEEN RETURNED TO WORK FULL TIME 10 HRS. A DAY FOUR TO FIVE DAYS A WEEK. I CONTACTED MY EMPLOYER AND I WAS 3 TOLD BY KEN ADAM MY SUPERVISOR THAT HE RECIVED A PHONE CALL ASKING IF I WAS RELEASD BACK TO WORK AT A LIGHT DUTIE RESTICTION. -l :-JiAND MOTIFIDE WORK IF HE COULD ACOMODATE IT AND HE SAID YES. THEN I CONTACTED THE STATE FUND AND WAS TOLD THAT MY DOCTOR THAT I WAS FIGHTING THE STATE FUND ON TO GET HIS REFEREElti'M~OVER TO DR.HANSEN SO I CAN CONTINUE MEDICAL TREATMENT l~:T:; HAD RELEASED ME TO GO BACK TO WORK AND IF I DID NOT RETURN TO WORK THAT THEY WOUULD CONSIDER ME AS A NO SHOW. SO I WAS FORCED TO RETURN BACK TO WORK EVEN THOUGH I WAS SEEING DOCTERS 5 DAYS A WEEK :Y- TO CHANGE THE DRESSING THAT HAD TO BE DONE EVERY DAY BY A DOCTOR DUE TO THE MASIVE SWELLING AND THE DRAINAGE THAT WAS HAPPENING BECAUSE OF THE OPEN WOUND THE COULD NOT CLOSE FOR OTHEREw~l5&MY ARM WOULD HAVE GOTIEN INFECTED AND SEEING COUNSILORS TO DEAL WITH THE NIGHTMARES I WAS HAVEING OF THE MACHINE THAT ALMOST TOOK MY LIFE. THE STATE FUND AND SANDY BASKET WITH THE INDUSTRIAL COMMISSION REHAB DIVISSION COMMITIED FRAUD AND EXTRINSIC FRAUD ON MAY 29 2008. THE APPELETE DID NOT UNCOVER THE EXTRINSIC FRAUD TELL JULY 25 2008. ;41f'£/ff/fF!0!I\S ASKING THE STATE FUND HOW THEY WHERE ABLE TO GET A DOCTOR TO SYN OFF ON A RETURN TO WORK ORDER CONSIDERING I HAD NOT SEEN HIM FOR ALMOST THREE WEEKS AND DID NOT SEE HIM TO GO OVER ANYTHING. AND THEY 4 WOULD NOT TELL ME ANYTHING BUT THAT HE DID. rJl}f ar I ON JULY 9 2008'rtta- J//~t? ~ A COMLAINT WITH THE INDUSTRIAL COMMISSION AS MR. DONOHUE THE REFEEREE ONI! HOW WAS THE STATE FUND ABLE TO GET A DOCTER THAT I HAD NOT SEEN AND WAS NOT GOING TO SEE SYN OFF ON A RETURNE TO WORK ODER AND THE 318.00 THAT THEY OWED ME FOR THE WEEK I WAS OFF TEEL MY NEW DOCTER TOOK ME BACK OFF l.'H1 ~l.ut 1'3 ~ ./ ;-- : ' AFTER FINDING OUT THAT THE STATE FUND HAD RETURN ME BACK TO WORK. OSHA WAS CONTACTED BYfiff:s..b/rN MID JUN 2008 AND IN MID JULY OSHA FOUND MY COMPANY TO BE IN 21 SIEREOUE VIOLATION AND FIND THEM FOR 15 AND FOUND THEM GUILTY OF NOT GIVING THERE EMPLOYEE A SAFE WORK PLACE. THEN ON JULY 25 2008/l-f/dI;t!:WAS REVIEWING MEDICALE RECORD THAT THE CLAIMANT REGUSTED AND RECIEVED FROM THE STATE FUND ON JUN 302008 BY MAIL. AND THAT SANDY BASKETI WITH THE COMMISSIONS REB DIV HAD ALSO SYN OFF ON THE SAME DOCUMENT THAT THE STATE FUND WAS TELLING ME THEY KNEW NOTHING ABOUT EVEN THOUGH THEY ALSO HAD SYND OFF ON IT. BECAUSE SANDY BASKED WORKS IN A FIELD OFFICE IN PAYETIE IDAHO FROM THE BOSIE MAIN OFFICE I TOOK IT APON MYSELF TO FIND OUT WHAT WAS NOT ATIACH TO THE DOCUMENT I WAS READING. I WENT TO SANDY BASKED OFFICE AND REGUESTED A COPIE OF THIS SO CALLED JOB SITE EVALUATION THAT WAS SUPPOSE TO BE ADACH TO THE 5 DOCUMENT IN HAND. SANDY BASKETI AND CAROL GAURLAND AND THE STATE FUND HAD CLEARLY COMMITIED FRAUD AND EXTRINSIC FRAUD BY WITH HOLING A JOBSITE EVALUATION, PREPARED BY MY FORMER TREATING DOCTOR. THIS VALUABLE MEDICAL INFORMATION WAS KEPT FROM MY BOSS KEN ADAM AND MYSELF. THIS CAUSE MY BOSS, KEN ADAM, TO UNKNOWINGLY PUT MY LIFE IN DANGER AND IN JEOPARDY. AFTER REVIEWING WHAT WAS IN THIS REPORT THE APPELETES RESTRICTION WOULD NOT BEEN AVALUABLE TO PERFORM EVEN IF I OR MY BOSS WOULD HAVE HAD IT. SANDY BASKETI AND THE STATE FUND ALSO COMETIED FRAUD IN THE INDUCEMENT IN MISLEADING THE OTHER PARTY TO THE ACT OPON WHICH HE OR SHE WILL BASE HIS OR HER DICISION TO ACT. THE STJ}TE FUND HAS MEDICAL RECORDS THAT WAS USED AT /f~ffltJ11f), HEARING OF NOV 18 2010 THAT WAS USED IN THE C6MMISSION FINNALL DICCISION ON MAY 2, 2012 THAT THE STATE FUND DID NOT HAVE PROPPER PERMISSION TO USE OR HAVE. Ms.OWN WITH THE STATE FUND LIED UNDER OUTH ABOUT THE MEDICAL RECORDS THAT WAS USED IN THE COMMISSION FINDINGS OF FACTS AND CONCLUSIONS OF LAW. THESE MEDICAL RECORD WHERE RECIVED WITHOUT PERMISSION BY THE 6/6..'~ () . fl:JJ(h~:h'- ON AUG.12008, AUG 7 2008, AUG 11, 2008. LYNN LUKER ATTORNEY FOR THEI*r-f'P.4".f~ROM JAN 2010 TO DEC 21, 2010 QUIT TWICE ON THE f1f~rJ'ijNCE THROUGH THE COMMISSON WITCH WAS GRANTED ON DEC 21, 2010. AND THE 6 ~btii1REHIRED LYNN LUKER ON DEC 23,2019. THE ONLY THING THAT MRLUKER WANTED THE~~)o:.~O IS TO SETTLE AND THE [ffrr~WWOULD NOT. THE ffr~fMtBEG MR.LUKER TO PLEASE HAVE MY DOCTORS TO APPEAR AT ifl~L&ntHEARING BUT WOULD NOT AGAIAN IT WAS ALL ABOUT ME TO TAKE A SETTLMENT FROM THE STATE FUND. MR LUKER REFUSSED TO HAVE ALL MY DOCTOERS DEPOSITION WITH IN THE 14 DAYS AFTER MY HEARING. AGAINE IT WAS ALL ABOUT SETTLEING. AND IT WAS ALL ABOUT GETTING THE HELP I NEEDED TO HELP WITH UNDERSTANDING HOW TO DEAL WITH LIFE WITH OUT BEING ABLE TO DO THE KIND OF WORK I DID TO MAKE A LIVING. AND THAT MY RIGHT ARM WILL NEVER LOOK THE SAME AND EVERY DAY I LOOK AT IT ITS A REMINDER OF ME FIGHTING FOR MY LIFE FOR TEN MINUTE. THIS IS MY LIFE THAT WAS ALMOST TAKEN. MR. LUKER WOULD NOT DO ANYTHING ABOUT THE STTATE FUNDS ACTIONS "8fTHE!lttf~.J5J"f~"HAD ALREADY HAD FILED WITH THE COMMISSION ABOUT HOW THE STATE FUND CAME INTO PERSSION OF v'f{ A SETTLEMENT OFFER OF 476.000 ON JUN 1 20l~ BUT DID NOT WANT THE ftPr~k;i-TO FOLLOW THROUGH WI~H SSD TELL AFTER THE COMMISSION DECISSION. THE tf\,(?--pJarR-WAS UPSET FOR I WAS LOSEING EVERTHING DO TO THE HARDSHIP THAT THIS WORK ACCIDEND HAD DONE. THEN AFTER MR LUKER QUIT THE SECOND TIME THE {ifff~/afltoLLOWED THROUGH WITH SSD 7 AND WAS AWARDED SSD DO TO MY INJURY AND WITH THE SAME MEDICAL REPORTS THE COMMISSION USED. AND SSD FOUND THAT MY DISABILlTYt2-btrl--tJ-APRIL 17 2008 TO THE PRECENT. I DID CONTACT MS. OIBAR THE ATIORNY FOR THE STATE FUND ABOUT THE FINDINGS. AND THEN MR.LUKER, ATIORNY, LEGISLATOR, WANTS EVERYONE TO BELEAVE THAT I WAS THE PROPLEM WHY HE QUIT. SO UNTRUE. flffd.iU3 k REQUEST THE FOLLOWING DOCUMENTS TO BE INTCLUDED IN THE COMMISSIONS RECORD IN ADDITION TO THOSE AUTOMATICALLY INCLUDED UNDER RULE 28,I.A.R. 1.) MS. OWN HELD ON DEC 9 2010/REPORTERS NAME, DEAN WILLIS CSR 95 2.) ALL MOTIONS AND ORDERS FILED WITH THE COMMISSION BY THE STATE FUND BETWEEN AUGUST 15 2008 THRUGH OCT 10 2008 IN REGU,RDS TO THEtftr~~lflni: SYNING MEDICAL RELEASES FOR~'fr~l~tOLD MEDICAL RECORDS THAT DID NOT HAVE ANYTHING TO DO WITH THE ACCIDENT. 3.) THE MEDICAL RELEASE FORM AND THE LETTER THE STATE FUND USED TO RECIEVE .rtfr;rl'NI~PRIVITE HEALTH RECORDS ALONG WITH THE LETIER THAT WAS SENT WITH THE RELASE FORM USED ON DEC 12008 TO GET tt-ff?~}~,:fMEDICAL RECORDS FOM THE IDAHO DEPARTMENT OF CORRECTION. 4.) THE MEDICAL RELEASE FORM AND THE LETTER THE STATE FUND USED TO RECIEVE THE '-f't-f?f:h{tfpRIVIT HEALTH RECORD FROM SAIF INSURANCE OUT OF OREGON ON AUG, 7 2008. 8 S.) THE MEDICAL RELEASE FORM AND THE LEITER THE STATE FUND USED TO RECIEVE APPELLANTS PRIVIT HEALTH RECORDS FROM HOLY ROSERY HOSPITAL IN ONTARIO OR. ON AUGEST 112008. &)COMPLAINT FILED JULY 9, 2008 BEFOR THE COMMISSION':., yALL HAND WRITTEN LETTERS FROM APPELLANT TO COMMISSION " I . f",)D,~:>~Ff\b~ f2t.por4-olt. I11.6-J iO/~&CJlo (1-f~l6¥l"t-s t4·~n~~ THE COMMISSION WANTS EVERYONE TO THANK THE APPELANT HAS LIED. THE COMMISSION WANTS EVERYONE TO THANK THAT THE APPELANT FORCED HIS DOCTOR TO DO THE OPERATION ON HIS ARM. THE COMMISSION WANTS EVERYONE TO BELEAVE THAT THE APPELANT FORCED HIS DOCTORS TO CHANGE THERE OPION IN THERE RECORDS ABOUT APPELANTS PTSD. THE COMMISSION WANTS EVERYONE TO BELEAVE APPELANT WAS FAKEING MY INJURY BASED ON DR.HOLT RECORD. WITCH IS WHEN APPELANT HAD LEARN THAT THE STATE FUND HAD IN THERE PERCISSION AND HAD SENT PERTECTED HEALTH RECORD AND HAD SENT THEM TO THERE DOCTORS FOR REVIEW AND AT THE SAME TIME TELLING THE COMMISSION BETWEEN AUG 15 TO OCT 10 OF 2008 BY LAW THE STATE FUND CAN NOT GET THESE RECORD WITH OUT APPELANTS PERMISSION THAT DOCTOR HOLT ALREADY HAD IN HIS PERSSION AND THE APPELANT HAD REFUSSED TO ANSWER ABOUT ISSUES THAT HAD ANYTHING TO DO WITH THE RECORDS THE DOCTOR HOLT DID NOT HAVE PERMISSION TO HAVE AND BECAUSE I HAD NOT BEEN ABLE TO GET A AITORNEY YET I FELT I SHOULD NOT ANSWER AND THEN HE PUTS IN HIS FINDING ON A TEST THAT I WAS FAKING BAD. THE COMMISSION WANTS EVERYONE TO BELEAVE THAT WHEN THE STATE FUND SENT THE APPELANTS MOM A FAX AND LEITER THAT THEY WOULD PAY FOR HER TO TAKE ME TO MY OPERATION AND THEN BACK OUT AFTER THE FACT AND THE COMMISSION DO NOTHING ABOUT IT AND IT WAS IN APPELANT BRIEF AS A BILL TO BE PAID AND THE COMMISSION NOT EVEN TALK ABOUT IT IN THERE FINDING OF FACTS AND CONCLUSSION OF LAW. q MR. DONOHUE DID NOTHING ABOUT ANYTHING THAT THE STATE FUND HAD DID AND CONTINUED TO ALOW THE STATE FUND TAKE ADVANTAGE OF A INJURED WORKER WHO COULD NOT GET A ATIORNY RIGHT AWAY AFTER HIS INJURY. THE APPELANT BELEAVED THAT MR. DONOHUE AS REFEREE WHO SHOULD HAVE APPOINTED SOMEONE ELSE DUE TO OUR PERSONAL CONFLICTS DUE TO THE LETIERS I WROTE NOT KNOWING TELL AFTER I HIRED MY ATIORNEY THAT MR. DONOHUE WOULD ALSO DO THE CONCLUTION ON WHAT I MAYBE INTITILED TO. THE APPELANT MAY NOT KNOW HOW TO SPELL BUT YOU DONT HAVE TO KNOW HOW TO SPELL A WORD TO SAY IT . THE COMMISSION WANTS EVERYONE TO THANK THAT IT HAS BEEN ALL ABOUT MONEY TO ME AND THAT IS FAR FROM THE TRUTH ALL I HAVE BEEN ASKING FOR IS HELP TO DEAL WITH MY PDST WITCH I HAVE YET TO WORK ON BECAUSE THE INJURED WORKER HAS BEEN DOING NOTHING BUT TRYING TO FIGHT THE STATE FUND IN VIOLATING THE APPELANTS DUE PROCCESS. THE APPELANT IS SEEKING RELEAF FROM THE IDAHO STATE COURT OF APEAL AND IS SEEKING DAMAGES FOR THE CLEAR ACT OF FROUD AGAINST THE APPELLANT. THE APPELANT DID NOTHING WRONG AT HIS JOB BUT PERFORM MY JOB AS I WAS TRAIND TO DO. THAT STATE FUND HAS DONE NOTHING BUT CAUSE UNDO STRESS ON THE INJURED WORKER TO NOT TAKE RESPONCIBILITY FOR THE INJURY THAT ALLMOST TOOK MY LIFE AND MY ARM AND THE WAY I NEW HOW TO MAKE A LIVING. LYNN LUKER A LEGISLATOR/ ATIORNEY MAY BELEAVE THAT IT IS HIS WORD AGAINST MINE. THE APPELLANT WOULD LIKE FOR LYNN LUKER ATIORNEY/ LEGISLATOR SHOW THE COURT OF APPELLE TO BACK UP HIS STATEMENT IN HIS ATIORNEY'S BRIEF ON MOTION FOR APPROVAL OF ATIORNEY'S LIEN FILED MAY 8,2012 SAYING .... APPELLANT WOULD OFTEN INDICATE THAT APPELLANT DID NOT NEED A LAWER, AND ONLY HAD COUNSEL BECAUSE THE COMMISSION REGUIRED IT. THAT IS A LIE. THE /0 APPELLANT DID MY OWN FROM APRIL 17, 2008 TO JAN 2010 BY MYSELF. NO WHERE CAN LYNN LUKER/LEGISLATOR SHOW OR PROVE THAT THE COMMISSION REGUIRED THE APPELLANT TO HAVE A ATIORNEY.THE ONLY RESON MR. LYNN M. LUKER QUIT IS BECAUSE THE LEGISTION STARTED ON JAN 6, 2011 AND BECAUSE I WAS WANTING HIM TO DO DEPERSITIONS WITH MY COUNSLOR JAY WHITCOMB OUR MY PSHCHIATRIS DR.SI STEINBERG WITCH STARED APPELANTS PTSD WAS 100% WORK RELATED OR ANYONE OTHER THEN DR. HANSEN WHO DID THE OPERATION TO DISPUTE THE STATE FUNDS DOCTOR THAT THE COMMISSION BASED THERE DICISSION ON. THE STATE FUND HAD ALL KINDS OF PEOPLE AT MY HEARING THAT WAS NOT EVEN DOCTORS. BUT MY ATIORNEY/LEGISLATOR REFUSS TO CALL ANYONE AT MY HEARING. THE APPELANT HOPE THAT WHEN ABLE TO FINNISH THE REST OF THE STORY ON HOW THE APPELANT WAS TREATED BY HIS ATIORNEY/LEGISLATOR LYNN LUKER THE COURT OF APPEAL WILL GRANT A NEW HEARING BASED ON MY ATIORNEY UNIFICTIVE ASSISTANCE OF COUNSOL. LYNN LUKER FOUND THE APPELLANT ON THE INTERNET WHEN I POSTED A QUESTION ON THE ATIORNEY WEB SITE. BUT FOUND OUT THAT I WAS NOT A PUSH OVER OR A FREE MEAL OUR SOMEONE THAT HE COULD INRICH HIS POCKETS ON AND LEFT ME HANGING WITH 5 DEPOSITIONS TO DO BEFOR DEC 31,2010 AFTER QUITING ON DEC 20, 2010 HE BUT HARDSHIP BY QUITING AND LEFT THE APPELANTTO DO THE STATE FUND DOCTOR SO I COULD BRING IT TO A END. THANK YOU FOR YOUR TIME AND ALOWING ME TO COME FORWORD TO TELL THE REST OF THE STORY ON HOW APPELANT WAS MISTREATED DURING HIS LIFE CHANGING ACCIDENT THAT WAS NO FAULT OF HIS. If / ;)..5/ (SEAL) Notary Public State of Washington ~ DE8RA l 8RYANT • My Appointment Expires Mar 24,2015 • C-Of 'U> uJ{fV 5-rn+ Te- 5~ Ja-j.; Lr~~ (\r'\ Iv u kf,( ?- rt V cJ{fq-3/) ~- 0::;() , BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, Employer, and \ L E IDAHO STATE INSURANCE FUND, Surety, Defendants. I hereby certify that on the 4th day of June, 2012, a true and correct copy of Claimant's Notice of Appeal on Commission's Finding of Facts, Conclusions of Law and Order (12 pages), filed in the above matter on June 1,2012, was served by regular United States Mail upon the following: ALANK. HULL RACHEL O'BAR PO BOX 7426 BOISE ID 83707-7426 LYNNMLUKER PO BOX 190929 BOISE ID 83719-0929 Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, WA 98660 CERTIFICATE OF SERVICE - 1 IJ33 BEFORE THE SUPREME COURT OF THE STATE OF IDAHO r! JAMES W. CLARK, Claimant!Appellant, SUPREME COURT NO. l../ DD 1& v. CERTIFICATE OF APPEAL CRY BABY FOODS, LLC, Employer, and IDAHO STATE INSURANCE FUND, Surety, DefendantslRespondents. Appeal From: Industrial Commission, Thomas E. Limbaugh, Chairman presiding Case Number: IC 2008-013505 Order Appealed from: Findings of Fact, Conclusions of Law, and Order, filed May 2, 2012 Appellant Pro Se: James W. Clark 3515 Harney St Vancouver, W A 98660 Attorney for Respondents: Alan K. Hull Rachael 0 'Bar POBox 7426 Boise, ID 83707-7426 Appealed By: James W. Clark, Claimant Appealed Against: Cry Baby Foods, LLC, and Idaho State Insurance Fund, Defendants CERTIFICATE OF APPEAL FOR JAMES W. CLARK-I Notice of Appeal Filed: June 1,2012 Appellate Fee Paid: None Name of Reporter: M.D. Willis, CSR M.D. Willis, Inc. P.O. Box 1241 Eagle, ID 83616 Transcript Requested: Standard transcript has not been requested. Dated: Assistant Commission Secretary " CERTIFICATE OF APPEAL FOR JAMES W. CLARK - 2 CERTIFICATION I, Marie Wilson, the undersigned Assistant Commission Secretary of the Industrial Commission of the State of Idaho, hereby CERTIFY that the foregoing is a true and correct photocopy of the Notice of Appeal; Findings of Fact, Conclusion of Law, and Order; and the whole thereof, in IC case number 2008-013505 for James W. Clark. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this ~ day of June, 2012. ) ;' r : ! / ; .' / ! Ii i r ,.' / / . (-', I [ 'VLV~{/ / c./ ~,,-;:' Assistant Comrnission Secretary,' CERTIFICATION - James W. Clark BEFORE THE SUPREME COURT OF THE STATE OF IDAHO JAMES W. CLARK, Claimant-Appellant, Supreme Court Docket No. 40016-2012 Industrial Commission No. 2008-013505 v. CERTIFICATE OF APPEAL CRY BABE FOODS, LLC, Employer Defendant, and IDAHO STATE INSURANCE FUND, Surety, Defendant-Respondent. > Appeal From: Industrial Commission, 9 Thomas E. Limbaugh, Chairman presidw Case Number: IC 2008-013505 Order Appealed from: Findings of Fact, Conclusions of Law, and Order, filed May 2, 2012 Appellant Pro Se: James W. Clark 3515 Harney St Vancouver, WA 98660 Attorney for Respondents: Alan K. Hull Rachael 0 'Bar POBox 7426 Boise, ID 83707-7426 Appealed By: James W. Clark, Claimant Appealed Against: Idaho State Insurance Fund Notice of Appeal Filed: June 1,2012 CERTIFICATE OF APPEAL FOR JAMES W. CLARK - 1 /:137 Appellate Fee Paid: None Name of Reporter: NA Transcript Requested: None ,r Dated: June 7,2012 / Assistant Commission Secretary CERTIFICATE OF APPEAL FOR JAMES W. CLARK - 2 /;;{3 ~IUf1 OS 1208:338 p.1 / BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO IC 2008-013505 THIRD MOTION FOR COMMiSSION TO HAVE LYNN LUKER SEND CLAIMANT CLAIMANTS FULLY SYND CONTRACT JAMES CLARK CLaimant; z c:0 en '-- -l c: v. :::IJ '11 5> :z I ..(") r 0') CRY BABY FOODS llC, 0 m :s:: I'.) :s:: c::::> 0 (f) N Employer, (f) 0 z IDAHO STATE INSURANCE FUND, Surety, Defendants. claimant cannot propperly respond to Mr lukers breaff antelJ 1 06/06/2012 WED 09:38 [TX/RX NO 7446] 141001 Jun Of) 12 0834a p.2 claimant can review the contract in full. this contract is a matter of records. In lynn lukers brief pg 2 first line says II The contract provides in paragraph 1 that "Claimant agrees to cooperate fully with attorney. Mr luker is stating his statemants from a contract that claimant dont have. and talks about paragraph 5 from the contract. the claimant is also asking for Mr lynn luker to produce reciets for the items that will show the time and dates that he paid on what he wants to be paid for. the claimant beleaves that Mr luker violated our contract. Mr luker quit on the claimant not once but twice. on may 14 2012 claimant fax a letter for this same reguest and have not herd back. the commission in there letter of cerificate of service sent to claimant on may 22 2012 due mention letters about attorney lein or attorney fees but that is not what the daimant reguested in claimants letter to the commission on may 14 2010 the letter state that claimant was asking for claimants contract from lynn luker. the claimant bereave he has a right to reveiw this docoument to see if i did syn. i have tryed to work with Mr luker by letting him fax me a copie to see but all Mr luker did was to show agian his unafictiveness of counsel by faxing the claimant a papper that was a part of a contract that you could hardly read and it was not synd and the claimant was to except that? Mr luker has did nothing but cause the claimant undo stress by his delay tactics. the comm!5sion already had given claimant one exst tell the 18 jun. due to the delay on recieving this contract that claimant fills he has a right to revieve. the claimant is asking for two weeks from the day commission reciev contract from lynn luker respond on claimants contract. fa. tiD 06/06/2012 WED 09:38 [TX/RX ~o 7446] [4]002 / BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CRY BABY FOODS, LLC, CERTIFICATE OF SERVICE Employer, and FILE IDAHO STATE INSURANCE FUND, -7 Surety, INDUSTRIAL COMMISSION Defendants. I hereby certify that on the ~ day of June, 2012, a true and correct copy of Claimant's Third Motion for Commission to Have Lynn Luker Send Claimant Claimant's Fully Signed Contract, (2 pages) filed in the above matter on June 6, 2012, was served by regular United States Mail, upon: ALANK.HULL RACHEL O'BAR PO BOX 7426 BOISE ID 83707-7426 LYNNMLUKER PO BOX 190929 BOISE ID 83719-0929 Made Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, W A 98660 CERTIFICATE OF SERVICE - 1 / BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES CLARK , Claimant, v. IC 2008-013505 CRY BABY FOODS, LLC, Employer, ORDER TO SHORTEN TIME and FI E IDAHO STATE INSURANCE FUND, Surety, Defendants. On June 6, 2012, Claimant filed a motion requesting that the Commission order Claimant's former attorney, Lynn Luker, to produce a signed copy of Claimant's attorney fee agreement with Mr. Luker. Claimant also asks for an extension of time to respond to Mr. Luker's attorney fee brief. Because Claimant's deadline to respond to Mr. Luker's brief is in less than fourteen days, the Commission intends to rule on Claimant's motion no later than Tuesday, June 12, 2012. If Defendants or Mr. Luker wish to respond to Claimant's motion, they should do so no later than Monday, June 12,2012, by 5:00 p.m. MDT. IT IS SO ORDERED. DATED this .~ day of June, 2012. INDUSTRIAL COMMISSION Thomas P. Baskin, Commissioner ORDER TO SHORTEN TIME - 1 ATri;V~" ~/ ...... I ~ ~U?f/ -~ ./·if~ ...... ( ( ~ 4' A ~: \::>} : ::: V~~·~~ a;~ ----...... ::..------'.-.~~ .:;,--- . - Assistant Commission Secretari \. .... ##$5"" ,c;~_f$~S""q¢&§,*W$?*$. """"'4,,,*""" CERttFIC1\',{J!;'UF SERVICE iliHHnt"t~ I hereby certify that on the ~ day of June, 2012, a true and correct copy of the foregoing ORDER TO SHORTEN TIME was served by facsimile upon each of the following: JAMES W CLARK (360) 258-1619 RACHEL O'BAR (208) 344-5510 LYNNMLUKER (208) 375-0501 eb ORDER TO SHORTEN TIME - 2 / BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES CLARK , Claimant, v. I C 2008-013505 CRY BABY FOODS, LLC, ORDER DENYING Employer, CLAIMANT'S MOTION FOR DOCUMENTS and IDAHO STATE INSURANCE FUND, E Surety, Defendants. On May 22, 2012, the Commission issued an Order Regarding Motions that ruled upon several motions filed by Claimant. That Order did not address two additional motions made by Claimant, a motion for clarification and a motion for "all documents and things." In the motion for clarification, Claimant asks about the status of his former attorney's request for approval of an attorney's lien. Mr. Luker's request remains pending before the Commission, and Claimant has until June 18, 2012 to respond to Mr. Luker's brief on the issue. Mr. Luker's request will not be ruled upon until Claimant has responded or the deadline to respond has passed. In the motion for all documents and things, Claimant requests that the Commission order Defendants to produce various documents, recordings, and other items. Claimant states that he needs these items to prepare for his appeal. Defendants object, noting that Claimant has already been provided with the documents and exhibits in the record and that his appeal must be based on the record. We agree. Claimant's motion for all documents and things is therefore DENIED. IT IS SO ORDERED. ORDER DENYING CLAIMANT'S MOTION FOR DOCUMENTS - 1 DATED this .1ft: day of June, 2012. INDUSTRIAL COMMISSION Thomas P. Baskin, Commissioner CERTIFICATE OF SERVICE I hereby certify that on the ~ day of June, 2012, a true and correct copy of the foregoing ORDER DENYING CLAIMANT'S MOTION FOR DOCUMENTS was served by facsimile upon each of the following: JAMES W CLARK (360) 258-1619 RACHEL O'BAR (208) 344-5510 LYNNMLUKER (208) 375-0501 eb ORDER DENYING CLAIMANT'S MOTION FOR DOCUMENTS - 2 / Jt tfS- J Lynn M. Luker (ISB #2579) LYNN M. LUKER, P.A. 1010 N. Orchard St. #4 P. O. Box 190929 Boise, Idaho 83719 Telephone: (208) 343-0022 Fax: (208) 375-0501 Attorney for Claimant BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK ) ) Claimant, ) I. C. No. 08-013505 v. ) ) ATTORNEY'S RESPONSE TO ,,~~ ""- CRY BABY FOODS, LLC, ) REQUEST FOR CONTRACJ;:i -' ) -"~- Employer ) :» ~'" I ) so IDAHO STATE INSURANCE FUND ) - ) Surety, ) c:::> Defendants. ) .D ) On December 21, 2010 the Industrial Commission granted the undersigned's motion to withdraw as counsel. On December 23, 2010, attorney filed with the Commission his affidavit of service upon claimant of the order granting withdrawal, plus a lien for attorney fees and costs, and an affidavit in support of the lien. Attached to the affidavit in support of the lien was exhibit "A" which was the signed fee agreement between claimant and counsel in this matter. In addition to being filed with the Industrial Commission on December 23, 2010, those documents were also served at the same time upon claimant and defense counsel as well as filed with the Commission. ATTORNEY'S RESPONSE TO REQUEST FOR CONTRACT - PAGE 1 Claimant has requested another copy of the fee agreement. A copy of the signed fee agreement is attached hereto as Exhibit "A." DATED this 7th day of June, 2012 LYNN M. LUKER, P.A. CERTIFICATE OF MAILING I HEREBY CERTIFY that on this 7th day of June, 2012, I mailed a true and correct copy of the foregoing A nORNEY'S RESPONSE TO REQUEST FOR CONTRACT, postage prepaid, to the following: James W. Clark 3515 Harney Street Vancouver, WA 98660 Alan K. Hull Rachael M. O'Bar Anderson, Julian & Hull, LLP P.O. Box 7426 Boise, 10 83707-7426 ~------ ATTORNEY'S RESPONSE TO REQUEST FOR CONTRACT - PAGE 2 WORKER'S CuMPENSATION ATTORNEY I CLIENT AGREEMENT On this 5Th day of January, 2010, JAMES W. CLARK, the client, hereby hires LYNN M. LUKER, P.A. to represent the Client as Attorney for all purposes in connection with injuries and damages arising out of an incident which occurred on or about April 17, 2008, while employed by CRY BABY FOODS, LLC, plus any other workers' compensation claims handled attendant to that claim on the following conditions: 1. Attorney will devote his full professional abilities to Client's case, Client agrees to cooperate fully with Attorney. 2. Client agrees to pay attorney fees for services rendered as follows: (a) Q percent of any amounts recovered from any source without the necessity of a lawsuit; (b) If a lawsuit is filed, 30 percent of any amounts recovered from any source, or attorney's fees awarded by the court or Commission, whichever is greater; (c) If the decision of the Court or Commission is appealed, 40 percent of any amounts recovered from any source, or attorney's fees awarded on appeal, whichever is greater. (d) In the event of a structured settlement, attorney's fees shall be computed based upon the present value of the entire settlement, and shall be paid in full at the time of settlement. Or, at Attorney's sole discretion, fees may be paid from each payment of the structured settlement at the applicable rate under paragraph 2 above. (e) in the event there should be no recovery, client shall not owe Attorney a fee for services rendered. (f) Attorney's fees are calculated based upon the gross recovery prior to the deduction of costs or other payment obligations of the client. 3 Regardless of the outcome, Client agrees to pay all out-of-pocket expenses incurred in the preparation of the case, including, but not limited to, costs for medical records, travel expenses, investigation, depositions, lay and expert witness fees, photocopying and postage. Client authorizes Attorney to deduct such out-of-pocket expenses and the agreed-upon attorney fee from any amount recovered. Client further authorizes Attorney to deduct from Client's share of the proceeds any charges which may remain outstanding for any doctor, hospital, expert or there creditor for services rendered or benefits provided for the care, treatment and maintenance of the Client as a result of this injury. 4. Client agrees that Attorney has made no promises or guarantees regarding the outcome of Client's claim. Client understands that Attorney shall have the right to cancel this contract at any time. 5. I n the event of discharge of the Attorney by the Client before completion of this matter, or should Attorney be forced to cancel this contract due to lack of cooperation on the part of Client as agreed to in paragraph 1 above, the Client agrees to pay Attorney, at Attorney's option, either: (A) for the time Attorney has spent on behalf of the Client at the rate of $130 per hour, or (B) the amount stated in paragraph 2 above if recovery on the claim is otherwise obtained by the Client or his/her agent. Upon such discharge, Client agrees to immediately pay Attorney all out-of-pocket expenses incurred by Attorney, including interest to date, and frees before Client's file or other information in possession of Attorney shall be made available to Client or his/her agent. Client hereby grants to Lynn M. Luker, P.A. an attorney lien on Client's causes of action to secure the client's obligations under this agreement. 6. In the event that Client has previously retained counsel to assist him/her in this same matter, any fees owing to such prior counsel shall be the sole obligation of Client, and shall not affect fees to be paid to Attorney under the terms hereof 7. ,A-ttorney shall have tt-Ie right with consent of Client to employ other attorneys to assist in the processing of Client's claim. Such other attorneys shall be paid exclusively from Attorney's portion hereunder, and Client shall not owe any additional attorney fee, absent a separate agreement in writing. 8. Other terms No attorney fee shall be paid from uncontested impairment raring of 27% upper extremity. 9. Disciosure: In worker's compensation matters, attorney fees normally do not exceed 25 percent of the benefits your attorney obtains for you in a case in which no hearing on the merits has been completed. In a case in which a hearing on the merits has been compieted, attorney fees normally do not exceed 30 percent of the benefits your attorney obtains for you, Depending upon the circumstances of your case, you and your attorney may agree to a higher or lower percentage which would be subject to Industrial Commission approval. If you and your attorney have a dispute regarding attorney fees, either of you may petition the Industrial Commission to resolve the dispute. I have read and understand this Agreement and the Disclosure Statement and agree to the terms and conditions stated. There ar~".I1.Q"2.ther agreements or promises between Client and Attorney except those expressJy,setT6rthin this contract:--_, - ~ /JwvVITNESS WHERE9F, the ~ hereto h'a'v€\ set their hands the date in this contract first above written. c~~~ \~ Client , ,~ Attorney ./ .... _ a .. ..i_ " ...., / aLf~ --. _. " -"--~~---"- -_._._. -----~ --.-~-- ---.-~-- --'"~-- _.- ----~--.,,-~"--.---~ -- -- In the Supreme Court of the State of Idaho JAMES W. CLARK, ) ) Claimant-Appellant, ) ORDER CONDITIONALLY ) DISMISSING APPEAL v. ) ) Supreme Court Docket No. 40016-2012 CRY BABE FOODS, LLC, Employer, ) Industrial Commission No. 2008-13505 ) Defendant, ) ) and ) ) IDAHO STATE INSURANCE FUND, Surety, Defendant-Respondent. The Appellant having failed to pay the necessary filing fees as required by Idaho Appellate Rule 23(a); the fee for preparation of the Agency's Record on appeal; therefore, good cause appearing; IT HEREBY IS ORDERED that this appeal be, and hereby is, CONDITIONALLY DISMISSED unless the required filing fees and fee for preparation of the Agency's Record is paid to the Industrial Commission within twenty-one (21) days from the date of this Order. IT FURTHER IS ORDERED that this appeal is SUSPENDED until further notice. f;:' DATED this __1 day of June 2012. For the Supreme Court cc: James W. Clark, pro se Counsel of Record Industrial Commission Secretary ORDER CONDITIONALLY DISMISSING APPEAL - Docket No. 40016L2012 / Jun 11 1201 :30p James Clark 0-258-1619 p.1 BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W CLARK IC 2008-013505 Claimant REGUEST OF DOCUMENTS v. SENT TO COMMISSION BY CRY BABY FOODS, LLC .. BY CLAIMANTS ATTORNEY Employer IDAHO STATE INSURANCE FUND Surety , Defendants The claimant is requesting from the commission the documents Lynn luker filed on Dec 23, 2010 that Lynn luker talks about and mentions in the attorneys filings of .... Motion to withdraw as council on Dec 202010 and in attorneys brief on motion for approval of attorney lien file may 8 2012 and in attorney response to request for contract dated Jun 7 2012 and those documents are 1.) Attornels affidavit of counsel filed contemporaneously with the lien. 2.) the motion detailing the relevant fact. 3.) The attorney/ clients contract which is relevant to the matter. The claimant has not seen these document and if the commission cannot find filing of these motion can the commission notify the claimant by fax to help from any delay of claimant responding to attorneys brief witch claimant only has tell Jun 18 2012 to file claimants response. 06/11/2012 MON 14: 31 [TXlRX NO 7480] [4J 001 Jun 11 1201:31p James Clark -258-1619 p.2 Thank you for your time on this matter. On Jun 82012 a fax of this request was sent to: Alan k hull Rachael O'bar 1208-334-5510 fax n~ ~ Lynn luker Fax no. 12083750501 ~ ComtJ7;ss.~}e; n d.- C€-33;;k- 7 $-:>-g-: J ~b/ 06/11/2012 MON 14:31 [TXlRX NO 7480] @002 J JJn 11 12C11:54p James Clark 58-1619 p.1 BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W CLARK IC 2008-013505 Claimant REGUEST OF DOCUMENTS v. SENT TO COMMISSION BY CRY BABY FOODS, LLC, BY CLAIMANTS ATIORNEY Employer REVISED VERSSrON IDAHO STATE INSURANCE FUND I E Surety Defendants The claimant is requesting from the commission the documents Lynn luker filed on Dec 23, 2010 that Lynn luker talks about and mentions in the attorneys filings of .... Motion to withdraw as council on Dec 20 2010 and in attorneys brief on motion for approval of attorney lien file may 8 2012 and in attorney response to request for contract dated Jun 72012 and those documents are !J. Attorney's affidavit of counsel filed contemporaneously with the lien. 2.) the motion detailing the relevant fact. 3.) The attorney/ clients contract which is relevant to the matter. The claimant has not seen these document and if the commission cannot find filing of these motion can the commission notify the claimant by fax to help from any delay of claimant responding to attorneys brief witch c!aimant only has tell Jun 18 2012 to file daimants response. 06/11/2012 MON 14:55 [TX/RX NO 7481] [4]001 ":un 11 I:;: 01 :55p James Clark 0-258-1619 p.2 Thank you for your time on this matter. On Jun 11 2012 a fax of this request was sent to: Alan k hull Rachael O/bar 1208-334-5510 fax no. Lynn luker Fax no. 1208 3750501 ,,/ QmLS fCL(k ~'r1 ~~ ~oGl 06/11/2012 MON 14: 55 [TX/RX NO 7481] 14! 002 ( BEFORE THE Il\1)USTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, Employer, and IDAHO STATE INSURANCE FUND, Surety, Defendants. I hereby certify that on the 11 th day of June, 2012, true and correct copies of: 1. Claimant's faxed Request of Documents Sent to Commission by Claimant's Attorney (2 pages); and 2. Claimant's faxed Request of Documents Sent to Commission by Claimant's Attorney Revised Version (2 pages); filed in the above matter on June 11, 2012, were served by facsimile processing machine upon the following: RACHEL O'BAR LYNNMLUKER FAX # (208) 344-5510 FAX # (208) 375-0501 ~,; ifiAL CffiAM/;~?oN'-'/,L / I / I / ! f /./ { I / ' ~C0,,-,- Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, WA 98660 CERTIFICATE OF SERVICE - 1 ( BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, Employer, E and IDAHO STATE INSURANCE FUND, Surety, Defendants. I hereby certify that on the -----+--t- day of June, 2012, true and correct copies of: 1. Attorney's Lien and Motion for Approval of Lien, filed December 27, 20lO (2 pages); and 2. Affidavit of Lynn M Luker in Support of Attorney's Lien and Motion for Approval, filed December 27, 20lO, which includes Exhibit A - Worker's Compensation Attorney/Client Agreement, (5 pages); filed in the above matter, were served by facsimile processing machine upon the following: JAMES W CLARK FAX # (360) 258-1619 Marie Wilson Assistant Commission Secretary cc: RACHEL O'BAR LYNNMLUKER CERTIFICATE OF SERVICE - 1 Jl . 1 ~ 12 07:55a Ja mes Cia I'k -258-1619 p.1 / DATE: JUN 12 2012 BEFORE THE iNDUSTRIAL COMMISSION OF THE STATE OF IDAHO CLA1M NO. 2008-013505 SECOND REQUEST FOR XTfNTION OF TIME TO RESP TO ATTORNEYS. LEIN JAMES W CLARK, Claimant, J_ CRYBABY FOODS, LLC. Employer, The Idaho state insurance fun surety. Defendants, The claimant fells he has every right to have time to review all items in records to the attorney lien. The Claimant should not be punish for the ill consideration and the lack of respect Lynn luker/attorney/legislator has for what the claimant must go through in such a short time. And not being an attorney or knowing how the law and rules work has compounded a lot of undo stress. And on top of that to fight Lynn luker/ attorney for twenty seven days by personar fax and through the commission for claimants sync contract. The claimant has done no wrong in tryrng to bring this issue to a fina' resolution. 06/1212012 TUE 08:55 [TX/RX NO 7488] ~OOl J, 1 1 'C/ ) 07553 James Clark 58-1619 p.2 Reason for extinction of time On Jun 9 2012 claimant received a letter from commission to shorten time on response, and claimant also received letter from Lynn luker with some paper work. Based on those papers received in the mail on jun9 2012 from attorney so the claimant contacted the commission on Jun 11 2012 and requested the records of what Mr. Luker had filed in regards to him quitting on the claimant. The only thing claimant has received from attorney about him quitting was a letter with a statement saying;; if if anyone will take your case .... The document in question is the Dec 27 2010 AFFIDAVIT OF LYNN M LUKER IN SUPORT OF ATTORNEY'S LIEN AND MOTION FOR APPROVAL This document caught my eye because the commission beginning page is different then what the affidavit was file on to the commission. The claimant has never seen this document before and claimant needs to look into this mater closer. Claimant may believe that this document was also filed in another court. And if so why was claimant not notified. The only person that is being affected in this delay is the claimant. Claimant option is this delay will not cause a financial hard ship for Mr. Luker. Claimant files he was not represented in his best interest and daimant be leaves that claimant has a right to proper time to respond. The claimant is asking for a dead line now that Lynn luker finaHy responded with claimant's motion for document to be filed no later than July 6 2012. The commission did give claimant one 28day restriction but lynn luker took 27 of those days to send claimants request. Thank you for your time on this matter. 06/1212012 TUE 08: 55 [TXlRX NO 7488J 14:1002 BEFORE THE L~DUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CRY BABY FOODS, LLC, CERTIFICATE OF SERVICE Employer, and FI E IDAHO STATE INSURANCE FUND, 2 Surety, COMMISSION Defendants. I hereby certify that on the 12th day of June, 2012, a true and correct copy of Claimant's faxed Second Request for Extension of Time to Respond to Attorney's Lien (2 pages) filed in the above matter on June 12,2012, was served by facsimile processing machine upon the following: RACHEL O'BAR FAX # (208) 344-5510 LYNN M LUKER FAX # (208) 375-0501 Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, WA 98660 CERTIFICATE OF SERVICE-1 Jun 12 12 03:58p James Clark • 58-1619 p.1 Fi E ------~~------ 06/12/2012 TUE 16: 58 [TXlRX NO 7500] l4l 001 Jun 1212 03: 58p James Clark A 60-258-1619 p.2 06/12 / 2012 TUE 16:58 [TXlRX NO 7500] [4]002 Jun 12 12 03:59p James Clark 258-1619 p.3 \ ._--- -.-... -- 06/12/2012 TUE 16:58 [TX/RX NO 7500] !4]003 BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, Employer, and IDAHO STATE INSURANCE FUND, INDUSTRIAL Surety, Defendants. I hereby certify that on the 13th day of June, 2012, a true and correct copy of Claimant's faxed Motion for Commission to Send Claimant's Dismissal of Claimant Claim Before January 5,2010 (3 pages), filed in the above matter on June 12,2012, was served by facsimile processing machine upon the following: RACHEL O'BAR LYNNMLUKER FAX # (208) 344-5510 FAX # (208) 375-0501 ~) '/'i INDy~~~t C;~~sS'?f / !((/ltil/V {/( Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, W A 98660 CERTIFICATE OF SERVICE-1 IllnJ Jun 1312 0804a James Clark 58-1619 p.1 06/1312012 WED 09:04 [TXIRX NO 7504/ ~~! Jun 1312 0804a James Clark 0-258-1619 p .2 . .---) BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, Employer, and IDAHO STATE INSURANCE FUN]), Surety, Defendants. I hereby certify that on the 13th day of June, 2012, a true and correct copy of Claimant's faxed Motion for Reconsideration on Denying Claimant's Motion for Documents Filed June 7, 2012 (2 pages), filed in the above matter on June 13, 2012, was served by facsimile processing machine upon the following: RACHEL O'BAR LYNNMLUKER FAX # (208) 344-5510 FAX # (208) 375-0501 //1 / /7 INDUSTI/2L COM~~~ . /1&itLi/{l~_ Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, W A 98660 CERTIFICATE OF SERviCE-1 I BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES CLARK , Claimant, v. IC 2008-013505 CRY BABY FOODS, LLC, Employer, ORDER GRANTING EXTENSION OF TIME and IDAHO STATE INSURANCE FUND, Ft Surety, Defendants. On June 6, 2012, Claimant filed a motion requesting that the Commission order Claimant's former attorney, Lynn Luker, to produce a signed copy of Claimant's attorney fee agreement with Mr. Luker. Claimant also asks for an extension of time to respond to Mr. Luker's attorney fee brief. On June 8, 2012, Mr. Luker served on Claimant a copy of the requested fee agreement. Thus, there is no need to order Mr. Luker to provide such a copy. Claimant's motion for an extension of time to reply to Mr. Luker's attorney fee brief is GRANTED. However, because this is the second extension of time granted by the Commission, the Commission will not entertain any additional requests for extension of time from Claimant. Claimant must file his response no later than July 9, 2012. IT IS SO ORDERED. DATED this \ ~ day of June, 2012. INDUSTRIAL COMMISSION ORDER GRANTING EXTENSION OF TIME - 1 ~:£Q Thomas P. Baskin, Commissioner Commissioner CERTIFICATE OF SERVICE I hereby certify that on the ~ day of June, 2012, a true and correct copy of the foregoing ORDER GRANTING EXTENSION OF TIME was served by facsimile upon each of the following: JAMES W CLARK (360) 258-1619 RACHEL O'BAR (208) 344-5510 LYNN M LUKER (208) 375-0501 eb ORDER GRANTING EXTENSION OF TIME - 2 1:J6 7 Jun 13 120947a James Clark 60-258-1619 p.1 ~c~r: ThL IV\ d~~rr'CL\n ~ho l Ss:, ji'GJ/\ 0-9- ~ 5-10-,£ 0') ~Id- UVD-D13S-00 ,~~~ 00v1"'1 L5 ~OJ;;L J I;)~'l 06/13/2012 WED 10:47 [TXlRX NO 7507J [4]001 /; BEFORE THE INDUSTRIAL COMl\lISSION OF THE STATE OF IDAHO JA.T\1ES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, Employer, and IDAHO STATE INSURANCE FUND, Surety, Defendants. I hereby certify that on the 13th day of June, 2012, a true and correct copy of Claimant's faxed Motion to Amend Motion for Reconsideration Filed June 13, 2012 (1 page), filed in the above matter on June 13,2012, was served by facsimile processing machine upon the following: RACHEL O'BAR LYNNMLUKER FAX# (208) 344-5510 FAX # (208) 375-0501 Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, W A 98660 CERTIFICATE OF SERVICE - 1 lun 13;2 12h~ - " ,vLP James Clark J of2~}Dr 06/1312012 WED 1 . _ I!... 70 3.;)2 [TX/RX NO 7511J @001 Jun 13 121253p James Clark 60-258-1619 p,2 /l7f 06/13/2012 WED 13:52 [TXlRX NO 7511] [4]002 j BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, Employer, and IDAHO STATE INSURANCE FUND, Surety, Defendants. I hereby certify that on the 13th day of June, 2012, a true and correct copy of Claimant's faxed Motion to Include in Claimant Appeal to the Idaho State Court of Appeal (2 pages), filed in the above matter on June 13, 2012, was served by facsimile processing machine upon the following: ALAN HULL RACHEL O'BAR FAX # (208) 344-5510 IN I "/ ST~/ / ~ I Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, WA 98660 CERTIFICATE OF SERVICE - 1 Jun 13 1211:45a James Clark 258-1619 p.1 / ))73 06/13/2012 WED 12: 45 [TXlRX NO 7509] 141 001 ) BEFORE THE INDUSTRIAL COMl\lISSION OF THE STATE OF IDAHO JAi\1ES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, Employer, and E IDAHO STATE INSURANCE FUND, Surety, Defendants. I hereby certify that on the 13th day of June, 2012, a true and correct copy of Claimant's faxed Motion [sic] Claimant's Appeal Before the Commission is to Include All of Lynn M. Luker's filings for Attorney \Vithdraw and For Attorney Lien, filed in the above matter on June 13,2012, was served by facsimile processing machine upon the following: RACHEL O'BAR LYNNMLUKER FAX # (208) 344-5510 FAX #Z208J. 0501 INDST ; ,/ / Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, W A 98660 CERTIFICATE OF SERVICE -1 / ANDERSON, JULIAN & HULL LLP C. W. Moore Plaza 250 South 5th Street, Suite 700 P. O. Box 7426 Boise,ID 83707-7426 Telephone: (208) 344-5800 Facsimile: (208) 344-5510 Alan K. Hull - ISB No.: 1568 Rachael M. O'Bar - ISB No.: 5823 Attorneys for Defendants BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant-Appellant, SC Docket No. 40016-2012 I.C. No. 2008-013505 vs. REQUEST FOR ADDITIONAL CRY BABY FOODS, LLC, Employer, RECORDS and IDAHO STATE INSURANCE FUND, Surety, Defendants-Respondents. TO: THE ABOVE NAMED APPELLANT, PRO SE, AND THE CLERK OF THE ABOVE ENTITLED ADMINISTRATIVE AGENCY NOTICE IS HEREBY GIVEN, that Respondents, Cry Baby Foods, LLC, and Idaho State Insurance Fund, in the above entitled proceeding hereby request pursuant to Rule 19, LA.R., the inclusion of the following material in the agency's record in addition to that required to be included by the I,A.R. and Claimant- Appellant's Notice of Appeal: REQUEST FOR ADDITIONAL RECORDS - 1 IJ7S- 1. Agency's Record: a. Joint Exhibits admitted at the Idaho Industrial Commission hearing on November 18, 2010: i. Exhibit 1 - Form 1, Notice of Injury (4/17/08) ii. Exhibit 2 - Dominic Gross, M.D. Horizon Orthopedic and Hand Surgery iii. Exhibit 3 - Arqam Zia, M.D., Treasure Valley Internal Medicine iv. Exhibit 4 - Lifeways Mental Health Services v. Exhibit 5 - Robert Hansen, M.D., West Idaho Orthopedics vi. Exhibit 6 - Jeff Smith, PA-C vii. Exhibit 7 - Lawrence Green, M.D. VIII. Exhibit 8 - James Morland, M.D. Meridian Pain Center ix. Exhibit 9 - Richard Wilson, M.D. x. Exhibit 10- Craig Beaver, Ph.D. xi. Exhibit 11 - Intermountain Hospital xii. Exhibit 12 - Weiser Memorial Hospital xiii. Exhibit 13 - Saint Alphonsus Regional Medical Center xiv. Exhibit 14 - West Valley Medical Center xv. Exhibit 15 - Holy Rosary/Sport & Orthopaedic Rehabilitation xvi. Exhibit 16 - Machine Photographs xvii. Exhibit 17 - Medical Bills and Home Care Documents xviii. Exhibit 18 - Claimant's Pharmacy List REQUEST FOR ADDITIONAL RECORDS - 2 xix. Exhibit 19 - Social Security Earnings History xx. Exhibit 20 - Industrial Commission Rehabilitation Division xxi. Exhibit 21 - Doug Crum, C. D. M. S., Vocational Report and Curriculum Vitae xxii. Exhibit 22 - Idaho State Insurance Fund Benefit Payment History xxiii. Exhibit 23 - Claimant's Deposition Transcript (10/1811 0) XXIV. Exhibit 24 - 9/6/06 Back Injury Medical Records xxv. Exhibit 25 - Eric Holt, M.D. xxvi. Exhibit 26 - Vernon Barton, M.D., Ontario Family Medicine xxvii. Exhibit 27 - Nathan Church, PA Dominican Health xxviii. Exhibit 28 - Barbara Quattrone, M.D., Idaho Physician Medicine and Rehabilitation xxix. Exhibit 29 - Brian Denekas, M.D. Sunrise Medical Consultants xxx. Exhibit 30 - Randolph Peterson, M.D. Sports Orthopaedics xxxi. Exhibit 31 - Dr. Tim Ashaye, Psychiatry xxxii. Exhibit 32 - Flint Stearns, OTR/l, St. Elizabeth Health Services (PCE) xxxiii. Exhibit 33 - St. Alphonsus Behavioral Health Services XXXIV. Exhibit 34 - Holy Rosary Medical Center xxxv. Exhibit 35 - Claimant's Arrest History xxxvi. Exhibit 36 - Claimant's Sex Offender Registry Information xxxvii. Exhibit 37 - Sub Rosa Investigative Report and DVD REQUEST FOR ADDITIONAL RECORDS - 3 /)7 xxxviii. Exhibit 38 - SAIF Worker's Compensation Claim records xxxix. Exhibit 39 - Idaho Department of Correction (a -00) xl. Exhibit 40 - February 15, 2007, Argus Observer Article b. Pre Hearing Deposition of James Clark (October 18, 2010) c. Pre Hearing Deposition of Larry Robb (November 15, 2010) d. Post Hearing Depositions of: i. Jewel Owen (December 9,2010) II. Robert Hansen, M.D. (December 17,2010) iii. Craig Beaver, Ph.D. (February 24, 2011) iv. Doug Crum, CDMS (February 24, 2011) v. Richard Wilson, M.D. (March 2, 2011) e. Claimant's Post Hearing Brief filed March 31,2011 f. Claimant's Amended Brief filed April 1, 2011 g. Defendants' Post Hearing Brief filed May 13, 2011 h. Claimant's Brief filed May 27, 2011 i. Claimant's Additional Brief filed May 31,2011 j. Complete copy of Industrial Commission Agency's Record, including all motions, pleadings, and/or correspondence for the time period June 30, 2008 through May 2, 2012. 2. I certify that a copy of this request for additional record was served upon the clerk of the administrative agency and upon all parties required to be served pursuant to Rule 20. REQUEST FOR ADDITIONAL RECORDS - 4 ):27>1' DATED this 13th day of June, 2012. ANDERSON, JULIAN & HULL LLP By: ~¥{LQ Alan K. Hull, ""-' Rachael M. O'Bar, Of the Firm Attorneys for Defendants CERTIFICATE OF MAILING I HEREBY CERTIFY that on this 13th day of June, 2012, I served a true and correct copy of the foregoing REQUEST FOR ADDITIONAL RECORDS by delivering the same to the following, by the method indicated below, addressed as follows: [ X 1 U.S. Mail, postage prepaid James Clark [ ] Certified U.S. Mail 3515 Harney Street [ ] Hand-Delivered Vancouver, WA 98660 [ ] Overnight Mail [ ] Facsimile V:::::L WIQ:Q Alan K. Hull Rachael M. O'Bar REQUEST FOR ADDITIONAL RECORDS - 5 1~79 Jun 141211'-'1-5a James Clark 58-1619 p.1 / : (\ :.:J5~f ·~r~~L &rnrrJ-t,'S~ O~ TN- 0~~~0'{ I~~C? I 3s-as ~Jqr~Ol~ 06/14/2012 TRU 12.46 [TXlRX:'\TO 7527] I4l 001 Ju n 14 1211 A6a James Clark ~ O -2 58 -1619 p,2 - -1)$/ 06 / 14 / 2012 THU 12 :46 [TXlRX NO 75271 141002 / 0-258-1619 p.1 JU:1 14 '} 210:35a James Clark ------06/1412012 THU 11: 36 [TX/RX NO 7521] 14l 001 0-258-1619 p.2 Jun 14 '121 0:36a James Clark ------.--"--'--- 1d--~3 06/14/2012 THU 11: 36 [TXlRX NO 7521] !4J 002 58-1619 p,3 Jun 1 4 ,IA 210,: 36 a James Clark /<"'" , /' ,/ ------'-_._-- -' .-'" 06/14/2012 THU 11: 36 [TXlRX NO 7521] 141 003 n 14 12 02:07p James Clark 0-258-1619 p.1 J 1)'1 ::;- 06114/2012 THU 15:08 [TXlRX NO 7532] 141001 BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO J~\1ES W. CLARK, Claimant, IC 2008-013505 v, CRY BABY FOODS, LLC, CERTIFICATE OF SERVICE Employer, and E IDAHO STATE INSURANCE FUND, Surety, Defendants. I hereby certify that on the 14th day of June, 2012, a true and correct copy of Claimant's faxed Motion for a Mediation with Lynn Luker (1 page), filed in the above matter on June 14, 2012, was served by facsimile processing machine upon the following: RACHEL O'BAR FAX # (208) 344-5510 LYNN M LUKER FAX # (208) 375-0501 Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST V ANCOUYER, W A 98660 CERTIFICATE OF SERVICE - 1 / BEFORE THE Il\TDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, Employer, and IDAHO STATE INSURANCE FUND, Surety, Defendants. I hereby certify that on the 14th day of June, 2012, true and correct copies of: 1. Claimant's faxed Motion to Include in Filing to the Court of Appeal (2 pages); and 2. Claimant's faxed Motion to Add All Record of Filing Before Claimant's Hearing of November 18, 2008 and After Hearing (3 pages); filed in the above matter on June 14, 2012, were served by facsimile processing machine upon the following: ALAN HULL RACHAEL O'BAR FAX # (208) 344-5510 Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, WA 98660 CERTIFICATE OF SERVICE-1 ( BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. ORDER GRANTING CRY BABY FOODS, LLC, WAIVER OF FEES Employer, E and IDAHO STATE INSURANCE FUND, Surety, Defendants. On June 11, 2012, Claimant submitted an application to the Commission requesting a waiver of filing fees, transcript fees, and agency record fees for his appeal of the above- referenced case to the Idaho Supreme Court. The Commission will construe his application as a motion for waiver of fees pursuant to Rule 27, Idaho Appellant Rules. Claimant indicates in his application that his sole source of income is Social Security Disability and that he provides child support payments. He possesses a savings account which holds funds received from Surety after the Commission issued its decision. Claimant has some personal assets which are modest in value. Under the circumstances, the Commission finds the basis for waiver is sufficient to warrant the requested relief. Accordingly, the motion for waiver of fees should be, and is hereby, GRANTED, and if the applicable, the Commission recommends wavier of the appellate filing fee pursuant to Idaho Appellate Rules 23( c). ORDER GRANTING \VAIVER OF FEES - 1 DATED this ~ day of June, 2012. INDUSTRIAL COMMISSION Thomas P. Baskin, Commissioner Commissioner I hereby certify that on the ~day of June, 2012, a true and correct copy of Order Granting Waiver of Fees was served by regular United States Mail upon each of the following persons: JAMES W CLARK 3515 HARNEY ST VANCOUVER W A 98660 IDAHO SUPREME COURT STATEHOUSE MAIL PO BOX 83720 BOISE ID 83720-0101 ORDER GRANTING WAIVER OF FEES - 2 CERTIFICATION ON FILING FEES I, Marie Wilson, the undersigned Assistant Commission Secretary of the Industrial Commission of the State of Idaho, hereby CERTIFY that the foregoing is a true and correct photocopy of the Order Granting Waiver of Fees, consisting of two (2) pages, and the whole thereof, in IC case number 2008-013505 for James W. Clark, Supreme Case docket #40016-2012. IN \V1TNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this {~ day of June, 2012. Assistant Commission Secretary / BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, Employer, and IDAHO STATE INSURANCE FlJND, I hereby certify that on the 15th day of June, 2012, true and correct copies of: 1. Claimant's faxed Request for Additional Records (7 pages); and 2. Claimant's faxed Request for Additional Records (4 pages); filed in the above matter on June 14, 2012, were served by facsimile processing machine upon the following: ALAN HULL RACHAEL O'BAR FAX # (208) 344-5510 Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, W A 98660 CERTIFICATE OF SERVICE - 1 1:19 Jun 1512 03:05p James Clark 58-1619 /~9~ 06/15/2012 FRI 16:06 [TX/RX NO 7569] 141001 Jun 1 G 12 03:06p James Clark -258-1619 p.2 !~f13· 06/15/2012 FRI 16:06 [TX/RX NO 7569] 141002 I BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, Employer, and IDAHO STATE INSURANCE FUND, Surety, Defendants. I hereby certify that on the 18th day of June, 2012, a true and correct copy of Claimant's faxed Motion for Reconsideration on Denying Claimant's Motion for Documents Filed June 7, 2012 for Final Review of All Records from State Fund (2 pages), filed in the above matter on June 15,2012, was served by facsimile processing machine upon the following: RACHAEL O'BAR LYNN M LlJKER FAX # (208) 344-5510 FAX # (208 375-0501 / I~~ Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HARNEY ST VANCOUVER, WA 98660 CERTIFICATE OF SERVICE - 1 Jun 181209:23a James Clark 258-1619 p.1 I b~~~~ Jt~r~~~h~TI'(d Cb~roh , KqLL£0~ ~r QPrUCLL-~f'oY\ C-(a (f'l1"'- 2.coC;;-0 LS sUS- ... -~j)ockf no. ~ 00 I U ·-;20 f·d-. .. ferC>-N\£S. CL G ~. ~ ------:-~~~~...,.",.. -= ... -.-::::" ...... - - ._---_ .. _... , i ( I I· t -- I i i /;)..rs- 06/18/2012 MON 10: 24 [TXlRX NO 7579] I4l 001 ( BEFORE THE I~'DUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, Employer, and IDAHO STATE INSURANCE FUND, Surety, Defendants. I hereby certify that on the 19th day of June, 2012, a true and correct copy of Claimant's faxed Request for Application (1 page), filed in the above matter on June 18, 2012, was served by facsimile processing machine upon the following: ALAN HULL RACHAEL O'BAR FAX# (208)344-5510 Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HAR.N"EY ST VANCOUVER, W A 98660 CERTIFICATE OF SERVICE - 1 j BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant!Appellant, IC 2008-013505 v. ORDER DENYING APPELLANT'S REQUEST FOR ADDITIONAL RECORDS CRY BABY FOODS, LLC, PURSUANT TO I.A.R. 19 Employer, E and IDAHO STATE INSURANCE FUND, Surety, Defendants/Respondents. On June 14, 20 12, Claimant/Appellant submitted two requests for additional documents to be included in his Supreme Court record. On June 15,2012, Claimant!Appellant submitted 12 more separate requests for additions to the record. On June 18,2012, Claimant submitted 2 more requests. Idaho Appellate Rules, Rule 19 allows an opportunity for the Respondent to add to the record. LA.R. 19 does not provide for Claimant/Appellant to request additional documents be placed in the record. The Commission hereby DENIES Claimant/Appellant's request for additional documents under LA.R. 19 and returns all requests to Claimant unfiled. The Commission will not accept any further requests for additions to the record pursuant to I.A.R. 19 from Claimant/Appellant. ORDER DENYING APPELLANT'S REQUEST FOR ADDITIONAL RECORDS PURSUANT TO I.A.R. 19 - 1 On June 18, 2012, Claimant/Appellant filed a Request for Application. Claimant requests that the Commission fax him an "application that will allow a person to set in the appeal that is not a part of the suit." The Commission has no such application. Therefore, the request is DENIED. IT IS SO ORDERED. DATED this I~ day Of----"~___)'-"~'-"-'-----, 2012. Thomas P. Baskin, Commissioner ORDER DENYING APPELLANT'S REQUEST FOR ADDITIONAL RECORDS PURSUANT TO I.A.R. 19 - 2 CERTIFICATE OF SERVICE I hereby certify that on the ~ day of ~ ~ , 2012 a true and correct copy of the foregoing ORDER DENYING APPELLANT'S REQUEST FOR ADDITIONAL RECORDS PURSUANT TO I.A.R. 19 was served by regular United States Mail upon each of the following persons: JAMES CLARK 3515 HARNEY ST VANCOUVER W A 98660 ALAN K HULL RACHAEL O'BAR PO BOX 7426 BOISE ID 83707-7426 ORDER DENYING APPELLANT'S REQUEST FOR ADDITIONAL RECORDS PURSUANT TO I.A.R. 19 - 3 /dfi _.- "------~--- --"-- ,-- __ -~--==::-=-==--_-:..::-:-.-:::-=:=~_:~-.----.---- -=.cc,,'-~""._,c~ In the Supreme Court of the State of Idaho JAMES W. CLARK, ) ) Claimant-Appellant, ) ORDER ADOPTING n-.'DUSTRIAL ) COMMISSION FOR WAIVER OF v. ) FILING FEE ) CRY BABE FOODS, LLC, Employer, ) Supreme Court Docket No. 40016-2012 ) Industrial Commission No. 2008-13505 Defendant, ) ) and ) ) IDAHO STATE INSURANCE FUND, Surety, ) ) Defendant-Respondent. ) A NOTICE OF APPEAL was filed with this Court June 5, 2012. The Plaintiff filed , a Motion for Waiver of All Fees in the Industrial Commission on 6-11-12. An Order was issued by June 14,2012, grariting waiver of fees. Therefore, good cause appearing, IT HEREBY IS ORDERED that the Order granting the Waiver of Fees is adopted by this Court and the APPELLATE FILING FEE be, and hereby is, WAIVED. DATED this It/a day of June, 2012. For the Supreme Court cc: James W. Clark, pro se :/ Counsel of Record Industrial Commission Secretary ORDER ADOPTING INDUSTRIAL COMMISSION FOR WAIVER OF FILING FEE - Docket No. 40016-2012 Ijoo ID.AHO INDUSTRIAL COMMISSION PO Box 83720 COMMISSIONERS Boise, ID 83720-004l TboDlas E. Ljmbaugh, Chainnan (208) 334-6000 - FA.X (208) 334-2321 Thomas P. Baskin 1-800-950-2110 R.D. Maynard CL. "Bl'TCH"OTTER, GOVERNOR Mindv Montgomery, Director June 22,2012 JAL\1ES W CLARK 3515 HARl\TEY ST VANCOUVER W A 98660 Re: James W. Clark v. Cry Baby Foods, LLC, and Idaho State Insurance Fund S.c. Appeal Docket # 40016-2012 Industrial Commission No. 2008-013505 Dear Mr. Clark: I am returning, un(iled, your Motion to Amend Appeal to Include Records to Idaho State Court of Appeal, which you filed pursuant to Rule 19, LA.R. As stated in the Commission's Order Denying Appellant's Request for Additional Records Pursuant to LA.R 19, filed June 19, 2012, "[t]he Commission will not accept any further requests for additions to the record pursuant to LA.R 19 from Claimant/Appellant." MARIE WILSON Adjudication Legal Supervisor MW/mw ene. cc: Alan Hull wlo enc. Rachael O'Bar wlo enc. 700 So, Clearwater Ln., Boise, ID Equal Opportunity Employer 130/ J:Jn 23 1201 :29a James Clark 258-1619 p.1 J James W Clark 3515 HARNEY ST VANCOUVER WASH 98660 KOMEPHONE 360-258-1619 FAX 360-258-1619. Claimant-Appellant, pro se~ BEFORE THE INUSTRIAl COMMISSION OF THE STATE OF IDAHO JAM ES W CLARK Claimant, Appellant SC Docket No. 40016-2012 Vs. I.e. No. 2008-013505 CRY BABY FOODS lLC, Employer, motion to amend appeal And to add for request for IDAHO STATE INSURANCE FUND, additional records SURETY Defendants-Respondents TO: THE ABOVE NAMED DEFENDANTS AND THE CLERK OF THE ,t,BOVE ENTITLED ADMINISTRATIVE AGENCY Request for Additional Records 1 J ~. 2: g ,= 130:k 06/23/2012 SAT 02:30 [TX/RX NO 7657] 141001 Jun 23 1201 :30a James Clark 0-258-1619 p.2 NOTICE IS HEREBY GIVEN, that claimant-appellant in the above entitled proceeding hereby request pursuant to Rule 31, 31(a)11,2.,3,4, (B)(C)(D)(E} I.A.R, the inclusion of the following material in the agency's records in addition to that required to be included by the I.A.R. and Claimant-AppeJlant's Notice of appeal: 1. Agency's record: A, Exhibits, B. recordings, and C. all documents, I CERTIFY THAT A COPIY OF THIS REGUEST FOR ADDIONAl RECORD WAS SERVED OPON THE CLERCK Of THE ADMINISTRATIVE AGENCY AND OPON ALL PARTIES REGUtRED TO BE SERVED PURSUANT TO RULE 20. DATE THIS 23m DAY JUN 2012. Ce rtificate of faxing I hereby that on this 2.3 rd Day of Jun, 2.012 served a true and correct copy of the forgoing REGUEST FOR ADDITIONAL RECORS by delivering the same to the folfowing, by method indicated below, fax number as follows: Request for Additional Records Z I t~ c g s 1303 06/23/2012 SAT 02: 30 [TX/RX NO 7657] 141 002 Jun 23 1201 :30a James Clark -258-1619 p.3 Industrial commission Boise Idaho 1-208-332-7558 Alan k. Hull, Rachael O"Bar Attorneys for defendants 1-208-344-5510 Lynn M. Luker attorney for claimant (who quit twice) 1-208-375-0501 Request for Additional Records 3 I ,: :=! z- "'- 130¥ 06/23/2012 SAT 02:30 [TX/RX NO 7657] !4i003 / BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CERTIFICATE OF SERVICE CRY BABY FOODS, LLC, Employer, E and IDAHO STATE INSURANCE FUND, Surety, I hereby certify that on the 26th day of June, 2012, a true and correct copy of Claimant's Motion to Amend Appeal to Add for Request for Additional Records (3 pages), filed in the above matter on June 22, 2012, was served by facsimile processing machine upon the following: ALANK.HULL RACHEL O'BAR FAX: (208) 344-5510 Marie Wilson Assistant Commission Secretary cc: JAJvfES W. CLARK FAX: (360) 258-1619 CERTIFICATE OF SERVICE - 1 I Jun 26 12 03:26p James Clark 258-1619 p.1 / BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JUN 26, 2012 IC 2008-013505 James W Clark MOTION TO SET ASIDE Claimant ATTORNEY LEtN TELL v. FINNAlL DEClSSJON LYNN LUKER OFTHE STATE ATTORN EY /LEG ESLATER APPELlETE COURT The clamant has an appeal before the Idaho state court of appeal and Mr. Lynn luker/attorney/legislator who quit twice on the injured worker is a part of claimants appeal off ineffective assistance of counsel and the clear violation of the rules of professional Conduct under the Idaho state Industrial commissions rules of guidelines, and a clear violation set in place by the Idaho state Bar association in claimants opinion. Lynn luker/ Attorney/Legislature lean has $3,823.88 that the state insurance fund has still not paid that the commission ordered to have set aside tell the lien is settled by briefs. The claimant fills the commissions used a clear act of abuses of authority knowing that the commission cannot be held accountable for their actions our statements our any other abuse of authority that they may commit. 1300 06/26/2012 TUE 16: 30 [TXlRX NO 7680] l4J 001 Jun 26 12 03:26p James Clark 58-1619 p.2 The claimants attorney fee was clearly a part of claimants hearing of nova 18 2010 and fills the commission with the abuse of authority knowing that if uncover that the commission cannot be held accountable for their action. Claimant fills that the commissioner referee Mr. Douglas Donahue made a statement in his final order of finding of fact and conclusion of laws was for the soul purpose to benefited Lynn M luker/attorney/legislator in regard to the attorney lien that Mr. luker filed against the claimant after the first trme he quit that sets on the 15set that ha ndles the dealing of the running of the industrial commission witch claimant just found out recently, If knowing that before I rehired Mr. luker back just days after the commission's order granting withdraw the claimant would not have allow Mr. luker to talk his way back in and then to quit again was to keep Lynn M luker name out of a filing of the courts. In the opinion of the claimant Mr. Donahue should not have allowed the state fund to close the claim and to allow the state fund to write a letter to the claimant stating claimants claim is paid in full when it is not pay in full for the claimant fills the attorney issue is still part of the hearing. Mr. Donahue did not do his findings of facts based on the true findings of facts and conclusion of law. Claimants opinion is the Mr. Donahue based his finding of facts on emotions do to the letters of filing the claimant has filed with the way Mr. Donahue was handling my claim. /30 06/26/2012 TUE 16:30 [TXlRX NO 7680] 141002 Jun 26 12 G3:27p James Clark 0-258-1619 p,3 Lynn luker has continued to disobey two of commission orders by claimant to produce document requested by way of two extensions of time so claimant can respond properly to attorney lean granted. Mr. Luker has done nothing over the last couple of months but to cause undue stress brought on why? Because the claimant requested a couple of receipt based on statements inert in Lynn luker Brief. As of the26th day Jun 2012 Lynn luker has still not compiled to the - commissions order and due to his continue delay and due to the fact the claimant only has tell July 7 2012 to respond claimant has no choice but to ask the commission to set aside their decision tell the outcome of the appellate courts discussion. The only person that will be affected in this request is the claimant and the hardship that Lynn luker has caused the claimant. In claimant's opinion and the actions the Lynn luker is doing clearly shows that he is not hurting for money for Mr. Luker went back to the legislation. Due to the t.me period claimant is requesting a qicg response to claimts order. Thank you for your time C OJ( i,6 '£- wo-5 ~ r? I / J4 J1 h".5 C?f1j ,-~r o?,;.- ~ flu] / -+- vns 0 I t?o-r r, 3 d uJ'd oJ ,tJ.x ;JC '5344 '-' S'5~ ,0 /308 06/26/2012 TUB 16:30 [TX/RX NO 7680] 141003 J II ANDERSON, JULIAN & HULL LLP Attorneys and Counselors at Law II Robert A. Anderson Matthew O. Pappas '\:1/ c. W. Moore Plaza Brian K. Julian Rachael M. O'Bar ZOI Z - 2 U 250 South Fifth Street, Suite 700 Alan K. Hull Robert A. Mills Post Office Box 7426 Chris H. Hansen Stephen L. Adams ,,\[CE:iYED Boise, Idaho 83707-7426 ,~;~~ ~ !"If'~,! ["Hk11SS! Phillip J. Collaer Bret A. Walther Telephone: (208)344-5800 Michael P. Stefanic Yvonne A. Dunbar Facsimile: (208)344-5510 Amy G. White Thomas V. Munson Mark D. Sebastian e-mail: [email protected] Web Site: www.ajhlaw.com With Anorneys Licensed to Practice in Idaho, CO, MD. ME, OR, PA, UT and WA June 26, 2012 /4 James CI/ / 3515 rrney Street Van~@uver, WA 98660 ,/ Re: Clark v. Cry Baby Foods Our File No.: 638-271 Dear Mr. Clark: Pursuant to the Findings of Fact, Conclusions of Law, and Order, filed May 2, 2012, the State Insurance Fund has held 25 % of the benefits awarded that have not yet been paid, or $3,823.88. Pursuant to the Commission's June 13, 2012, Order Granting Extension of Time, you have until July 9, 2012, to file your reply brief regarding disputed attorney fees. The withheld funds have not been paid to your former attorney, Lynn Luker, and will be held by State Insurance Fund until the Commission issues its Order regarding disputed attorney fees. Thereafter, the State Insurance Fund will disburse the remaining funds pursuant to the Order. Very truly ours, c2 (1 ~ f ~(~.,~?, j--- Rachael M. O/Bar cc: Idaho Industrial Commission State Insurance Fund Jun27. i209:12a James Clark -258-1619 p,1 / BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JUN 27J 2012 IC 2008-013505 r1'10+-1Cn 19 ArY\L~'\d James W Clark MOTION TO SET ASIDE Claimant ATTORNEY LEIN TELL v. FINNALL DECISSION LYNN LUKER OFTHE STATE ATTORN EY /LEGESLATER APPELLETE COURT Correction was done on page three. The clamant has an appeal before the Idaho state court of appea nd Mr. Lynn luker/attorney/legislator who quit twice on the injured worker is a part of claimants appeal off ineffective assist(3nce of counsel and the clear violation of the rules of professional Conduct under the Idaho state Industrial commissions rules of guidelines, and a clear violation set in place by the Idaho state Bar association in claimants opinion. Lynn luker/ Attorney/Legislature lean has $3,823.88 that the state insurance fund has still not paid that the commission ordered to have set aside tell the lien is settled by briefs. The claimant fills the commissions used a dear act of abuses of authority knowing that the commission cannot be held accountable for their actions our statements our any other abuse of authority that they may commit. 78\ /3 tJ 06/27/2012 WED 10:16 [TXlRX NO 7683] 141001 Jun 27i209:12a James Clark -1619 p.2 The claimants attorney fee was clearly a part of claimants hearing of nova 182010 and fills the commission with the abuse of authority knowing that if uncover that the commission cannot be held accountable for their action. Claimant fills that the commissioner referee Mr. Douglas Donahue made a statement in his final order of finding of fact and conclusion of laws was for the soul purpose to benefited Lynn M luker/attorney/legislator in regard to the attorney lien that Mr. luker filed against the claimant after the first time he quit that sets on the 15set that handles the dealing of the running of the industrial commission witch claimant just found out recently. If knowing that before I rehired Mr. lukl::r back just days after the commission's order granting withdraw the claimant would not have allow Mr. luker to talk his way back in and then to quit again was to keep Lynn M luker name out of a filing of the courts. In the opinion of the claimant Mr. Donahue should not have allowed the state fund to close the claim and to allow the state fund to write a letter to the claimant stating claimants claim is paid in full when it is not pay in full for the claimant fills the attorney issue is still part of the hearing. Mr. Donahue did not do his findings of facts based on the true findings of facts and conclusion of law. Claimants opinion is the Mr. Donahue based his finding of facts on emotions do to the letters of filing the claimant has filed with the way Mr. Donahue was handling my claim. 1311 06127/2012 WED 10:16 [TXlRX NO 7683] [4]002 Jun271209:13a James Clark 258-1619 p.3 Lynn luker has continued to disobey two of commission orders by claimant to produce document requested by way of two extensions of time so claimant can respond properly to attorney lean granted. Mr. Luker has done nothing over the !ast couple of months but to cause undue stress brought on why? Because the claimant requested a couple of receipt based on statements inert in Lynn luker Brief. As of the26th day Jun 2012 Lynn luker has still not complied to the commissions order and due to his continue delay and due to the fact the claimant only has tell July 7 2012 to respond claimant has no choice but to ask the commission to set asidl~ their decision tell the outcome of the appeUate courts discussion. The only person that will be affected iin this request is the claimant and the hardship that Lynn luker has caused the claimant. (n claimant's opinion and the actions the Lynn luker is doing clearly shows that he is not hurting for money for Mr. Luker went back to the legislation. Due to the time period claimant is requesting a respoRse emergency response to claimants order motion. Thank you for your time Ct -n,.., u ~ LlYl d. &/Y"£c.--t Oo-f:> {£- Wo.-s 5f: <1 t- ("3~ ~ 09 -90--J- To / '~~~£Y\ ~'t- \- 0++ 0rYl <7 dS / -my )4lA-.L l 4- I?f~ 06/27/2012 WED 10:16 [TXlRX NO 7683] [4]003 / BEFORE THE INDUSTRIAL COMl\lISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant, IC 2008-013505 v. CRY BABY FOODS, LLC, CERTIFICATE OF SERVICE Employer, and IDAHO STATE INSURANCE FUND, I hereby certify that on the 27th day of June, 2012, true and correct copies of: 1. Claimant's faxed Motion to Set Aside Attorney Lien Until Final Decision of the State Appellate Court (3 pages), filed June 26,2012; and 2. Claimant's faxed Motion to Amend Motion to Set Aside' Attorney Lien Until Final Decision of the State Appellate Court (3 pages), filed June 27, 2012; were served by facsimile processing machine upon the following: RACHAEL O'BAR FAX # (208) 344-5510 L'r'NN M LUKER FAX # (208) 375-0501 Marie Wilson Assistant Commission Secretary cc: JAMES W. CLARK 3515 HA~~EY ST VANCOUVER, W A 98660 CERTIFICATE OF SERVICE - 1 13/3 ) BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES W. CLARK, Claimant/Appellant, IC 2008-013505 v. ORDER DENYING APPELLANT'S MOTION TO AMEND APPEAL CRY BABY FOODS, LLC, TO ADD RECORDS Employer, and IDAHO STATE INSURANCE FUND, Surety, Defendants/Respondents. On June 22, 2012, Claimant/Appellant filed a Motion to Amend Appeal to Add for Request for Additional Records. Pursuant to I.A.R. 31 , Claimant/Appellant requests 1) exhibits, 2) recordings, and 3) all documents. I.A.R. 31 does not provide a mechanism for Claimant to add to the record. The Commission hereby DENIES Claimant/Appellant's request for additional documents under I.A.R. 31. The Commission notes that of the requested inclusions, #1 "exhibits" will be sent to the Supreme Court and #3 "all documents" will be included in the record pursuant to the Notice of Appeal and Defendants' request for additions. ORDER DENYING APPELLANT'S MOTION TO AMEND APPEAL TO ADD RECORDS - 1 /3/ IT IS SO ORDERED. DATED this day 2012. ~ -'r-f-\~~---~ INDUSTRIAL COMMISSION It Thomas P. Baskin, Commissioner /fJWz ~ R.D. Maynard, CoDlnlissioner CERTIFICATE OF SERVICE .--:- I hereby certify that on the )1r/{ day of JUk"V- ,2012 a true and correct copy of the foregoing ORDER DENYING APPELLANT'S MOTION TO AMEND APPEAL TO ADD RECORDS was served by facsimile processing machine upon each of the following persons: JAMES W CLARK FAX # (360) 258-1619 ALAN HULL RACHAEL O'BAR FAX # (208) 344-5510 ORDER DENYING APPELLANT'S MOTION TO AMEND APPEAL TO ADD RECORDS - 2 /31b I BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES CLARK , Claimant, v. Ie 2008-013505 CRY BABY FOODS, LLC, Employer, ORDER DENYING RECONSIDERATION and IDAHO STATE INSURANCE FUND, Surety, Defendants. Claimant has filed two motions for reconsideration of the Commission's June 7, 2012 Order Denying Claimant's Motion for Documents. However, neither of Claimant's motions is supported by a brief, as required by Rule 3(F) of the Commission's Judicial Rules of Practice and Procedure. Additionally, both motions fail to cite a valid legal or factual basis that would justify reconsideration. Therefore, Claimant's motions for reconsideration are DENIED. As the time to file a motion for reconsideration on the June 7 Order has now passed, the Commission will not entertain further motions for reconsideration on the matter. IT IS SO ORDERED. DATED this~ day of June, 2012. INDUSTRIAL COMMISSION Thomas P. Baskin, Commissioner ORDER DENYING RECONSIDERATION - 1 /3/fo> Assistant Commission Secretary I hereby certify that on the 2't'aay of June, 2012, a true and correct copy of the foregoing ORDER DENYING RECONSIDERATION was served by facsimile upon each of the following: JAMES W CLARK (360) 258-1619 RACHAEL O'BAR (208) 344-5510 LYNNMLUKER (208) 375-0501 eb ORDER DENYING RECONSIDERATION - 2 1?l7 BEFORE THE INDUSTRIAL COMMISSION OF THE STATE OF IDAHO JAMES CLARK , Claimant, v. IC 2008-013505 CRY BABY FOODS, LLC, Employer, ORDER DENYING CLAIMANT'S MOTION TO SET ASIDE and IDAHO STATE INSURANCE FUND, Surety, Defendants. On June 26, 2012, Claimant filed a "motion to set aside attomey lein [sic] tell [sic] finnall [sic] decission [sic] of the state appellate court." In the motion, Claimant requests that the Commission "set aside" the issue of whether his former attomey's lien should be enforced until Claimant's pending appeal before the Idaho Supreme Court is decided by the Court. On June 27, 2012, Claimant filed an amended motion to set aside. However, Claimant does not cite a valid legal basis to stay the issue in either his original motion or the amended motion. Therefore, the motion to set aside is DENIED. IT IS SO ORDERED. DATED this ~ day of June, 2012. INDUSTRIAL COMMISSION Thomas P. Baskin, Commissioner ORDER DENYING CLAIMANT'S MOTION TO SET ASIDE - 1 /3/6 CERTIFICATE OF SERVICE I hereby certify that on the ~day of June, 2012, a true and correct copy of the foregoing ORDER DENYING CLAIMANT'S MOTION TO SET ASIDE was served by facsimile upon each of the following: JAMES W CLARK (360) 258-1619 RACHAEL O'BAR (208) 344-5510 LYNN M LUKER (208) 375-0501 eb ORDER DENYING CLAIMANT'S MOTION TO SET ASIDE - 2 /3/9 ) IDAHO INDUSTRIAL COMMISSION PO Box 83720 COM MISSIONERS Boise, lD 83720-0041 Thomas E. Limbaugh, Chairman (208) 334-6000 - FAX (208) 334-2321 Thomas P. Bask.in 1-800-950-2110 R.D. Maynard c.L. "BUTCH" OTTER. GOVERNOR Mindy Montgomery, Director June 29, 2012 JAMES W CLARK 3515 HARNEY ST VANCOuvER \VA 98660 Re: James W. Clark v. Cry Baby Foods, LLC, and Idaho State Insurance Fund Industrial Commission No. 2008-013505 Dear Mr. Clark: I am returning, un{iled, your "motion to allow reconsideration base on facts," dated June 28,2012, for the reason that your motion does not conform to Rules 3(E)(l) and (F) oftlle Commission's Judicial Rules of Practice and Procedure. I am enclosing a complete copy of Rule 3, J.R.P., for your reference. MARIE WILSON Adjudication Legal Supervisor MW/mw Enclosure(s) ce: Alan Hull wlo enc. Rachael O'Bar wlo ene. Lynn M. Luker wlo enc. 700 So. Clearwater Ln. , Boise, ID Equal Opportunity Employer I I IDAHO INDUSTRIAL COlVlMISSION PO Box 83720 COMMISSIONERS Boise, LD 83720-0041 Thomas E. Limbaugh, Chairman (208) 334-6000 - FAX (208) 334-2321 Thomas P. Baskin 1-800-950-2l10 R.D. Maynard c.L. "BUTCH" OTTER, GOVERNOR Mindy Montgomery, Director July 5, 2012 JAMES W CLARK 3515 HARNEY ST VANCOUVER W A 98660 Re: James W. Clark v. Cry Baby Foods, LLC, and Idaho State Insurance Fund Industrial Commission No. 2008-013505 Dear Mr. Clark: You left a voice mail for me July 3, 2012 requesting a letter or something in writing responding to your question of whether documents returned to you unfiled are recorded anywhere in Commission records. The answer to your question is: Unfiled documents are not indicated anywhere as part of the record. The only record we keep is the correspondence returning the same. Si~9~~n - .. . 11.../ (' I!.l 'I /); ,:( /r~!l ,t. ~~,_/ ~~ MARIE WILSON Adjudication Legal Supervisor MW/mw cc: Alan Hull wlo enc. Rachael O'Bar wlo enc. 700 So. Clearwater Ln., Boise, ID Equal Opportunity Employer /3;;/