Industrial Commission Adopts Reconsideration Resolution 98-1-03.

Resolution 98-1-03

On May 6, 1998, the Industrial Commission adopted Resolution 98- 1-3. This Resolution alters the Commission's guidelines for determination of reconsideration requests and will apply to all final orders published on or after June 1, 1998.

The Commission issued this resolution after the Supreme Court's decision in the Nicholls case that the Commission's reconsideration authority was not unlimited.

The new Resolution provides that a reconsideration request must be filed within 14 days of the receipt of the order being challenged (reconsideration may only be sought from certain orders). A copy of the request for reconsideration must be sent to the opposing party and its representative. The opposing party may respond within 14 days of receipt of the request for reconsideration.

The Resolution also requires that the request for reconsideration be accompanied by (1) recitation of the grounds for reconsideartion; (2) copies of relevant orders; and (3) copies of relevant documents and proof.

The Resolution provides that reconsideration will only be granted where

1. There are "new and changed circumstances", which occurred after the date of the order being challenged. One example given is "newly discovered evidence which by due diligence could not have been discovered" before the order;
   
   
2. There is evidence of fraud;
   
   
3. There is a "clear mistake of fact" in the order;
   
   
4. There is a "clear mistake of law" in the order; or
   
   
5. There is an error in the order which renders the order defective.

To read Resolution R98-1-03 on the Commission's web site, click here.