Gaither v. EG & G Idaho, Inc., No. 15083
| Court | United States State Supreme Court of Idaho |
| Writing for the Court | DONALDSON |
| Citation | 682 P.2d 628,106 Idaho 675 |
| Parties | William Shelley GAITHER, Claimant-Appellant, v. EG & G IDAHO, INC., Employer, and Employers Mutual Liability Insurance Company, Surety, Defendants-Respondents. |
| Docket Number | No. 15083 |
| Decision Date | 07 June 1984 |
Page 628
v.
EG & G IDAHO, INC., Employer,
and
Kenneth E. Lyon, Jr., Pocatello, for claimant-appellant.
Arthur L. Smith, Idaho Falls, for defendants-respondents.
DONALDSON, Chief Justice.
On July 27, 1978, claimant William Gaither allegedly suffered an injury at work by bumping the top of his head on the door frame of a bus. Subsequently, claimant filed an application for hearing with the Industrial Commission seeking workmen's [106 Idaho 676]
Page 629
compensation benefits. Four different hearings were held between February and May of 1982. At the time of the last hearing on May 26, 1982, claimant was granted a 60-day continuance to obtain and present further medical evidence. Claimant failed to present further medical evidence at any time during the 60-day period, and therefore, the Commissioner entered his Findings of Fact, Conclusions of Law and proposed Order which were approved, adopted and filed by the Commission on September 16, 1982.The Commission concluded that the accident arose out of and in the course of claimant's employment. However, the Commission went on to determine that claimant had failed to prove that his alleged injuries were caused by the accident. Therefore, claimant's application for hearing was dismissed, and claimant recovered nothing from defendants. Claimant did not request reconsideration, nor did he appeal this decision.
On February 23, 1983, claimant filed a motion to set aside the September 16, 1982 Order. As grounds for his motion, claimant asserted that he had newly discovered evidence which was not available in time to move for a new trial, or in the alternative, that such evidence was not presented due to mistake, inadvertence or excusable neglect by claimant's prior counsel. After a hearing on the matter, the Commission issued its Memorandum Decision and Order denying the motion. This appeal followed.
Essentially, claimant's motion to set aside was based upon I.R.C.P. 60(b)(1) and (2). In considering the motion, the Commission noted that it has not adopted I.R.C.P. 60(b) as a procedural rule. We need not address the question of whether relief under I.R.C.P. 60(b) is available in proceedings before the Industrial Commission, because even if such relief were available, claimant's motion must fail....
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State v. Horsley, No. 17605
...was inadequate by the laws of the State of New York where it was executed. Error will not be presumed on appeal. Gaither v. EG & G Idaho, 106 Idaho 675, 676, 682 P.2d 628, 629 (1984) ("It is axiomatic that we will not presume error on appeal, but that error must be shown affirmatively by ap......
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State v. Langley, No. 16239
...(1964). See also Carpenter v. Double R Cattle Co., Inc., 108 Idaho 602, 604, 701 P.2d 222, 224 (1985); Gaither v. E.G. & G. Idaho, Inc., 106 Idaho 675, 676, 682 P.2d 628, 629 (1984). Langley, the appellant, has not affirmatively shown error The record reflects that Langley repeatedly insist......
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State v. Missamore, No. 18179
...reversible error on appeal. Error cannot be presumed on appeal, but requires an affirmative showing."); Gaither v. EG & G Idaho, Inc., 106 Idaho 675, 682 P.2d 628 (1984). Not only has the appellant not shown any error in the evidentiary rulings of the trial court, the record demonstrates th......
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Henderson v. McCain Foods, Inc., No. 31232.
...not presume error on appeal, but any error must be shown affirmatively by the appellant on the record. Gaither v. EG & G Idaho, Inc., 106 Idaho 675, 682 P.2d 628 (1984). Therefore, we will not address the Claimant's assertion that the Commission improperly rejected the opinion of her rehabi......
-
State v. Horsley, No. 17605
...was inadequate by the laws of the State of New York where it was executed. Error will not be presumed on appeal. Gaither v. EG & G Idaho, 106 Idaho 675, 676, 682 P.2d 628, 629 (1984) ("It is axiomatic that we will not presume error on appeal, but that error must be shown affirmatively by ap......
-
State v. Langley, No. 16239
...(1964). See also Carpenter v. Double R Cattle Co., Inc., 108 Idaho 602, 604, 701 P.2d 222, 224 (1985); Gaither v. E.G. & G. Idaho, Inc., 106 Idaho 675, 676, 682 P.2d 628, 629 (1984). Langley, the appellant, has not affirmatively shown error The record reflects that Langley repeatedly insist......
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State v. Missamore, No. 18179
...reversible error on appeal. Error cannot be presumed on appeal, but requires an affirmative showing."); Gaither v. EG & G Idaho, Inc., 106 Idaho 675, 682 P.2d 628 (1984). Not only has the appellant not shown any error in the evidentiary rulings of the trial court, the record demonstrates th......
-
Henderson v. McCain Foods, Inc., No. 31232.
...not presume error on appeal, but any error must be shown affirmatively by the appellant on the record. Gaither v. EG & G Idaho, Inc., 106 Idaho 675, 682 P.2d 628 (1984). Therefore, we will not address the Claimant's assertion that the Commission improperly rejected the opinion of her rehabi......