State ex rel. Nicholls v. Industrial Commission

Claimant contests the staff hearing officers’ order on reconsideration on jurisdictional and evidentiary grounds. Our review supports the issuance of the requested writ on jurisdictional grounds.

Commission Resolution No. R94-1-8 permits reconsideration of the commission’s order in three instances: (1) unusual legal, medical, or factual questions of interest to the commission; (2) new, previously undiscoverable evidence; or (3) fraud. None of these conditions exists here.

Fraud has never been alleged, leaving criteria one and two for our review. As to these latter criteria, the respondent…