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10:45am | Thursday, December 6, 2007 |
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| 20070240 |
Annie M. Reopelle, Claimant and Appellee
v.
Workforce Safety and Insurance, Appellant
and
The City of Fargo, Respondent
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| Appeal from: |
East Central Judicial District,
Cass County,
Judge Steven L. Marquart |
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Nature of Action: |
Workers Compensation |
| Counsel: |
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| Issues: | Appellant's Statement of the Issues:
1. Does application of the five year limitation on partial disability benefits in N.D.C.C. 65-05-10(2), enacted in 1991 to Reopelle's claim abrogate a vested right?
2. Assuming the five year limitation on partial disability benefits applies to Reopelle's claim, is she entitled to further partial disability benefits?Appellee's Statement of the Issues:
1. Does the language of N.D.C.C 65-05-10 (2) [post-1991 version] allow it to be applied to a claimant who has suffered a disabling work related injury and who was accepted for benefits prior to the date the pertinent language was first enacted?
2. Does Appellee Annie Reopelle have a vested right to partial disability payments under N.D.C.C. 65-05-10 [1989 version] that cannot be taken away by retroactive legislation?
3. Is N.D.C.C. 65-05-08 a distinct and separate statutory source for payment of disability benefits for work related injuries and does this statute require benefits to be paid for the entire period of the disability?
4. Is Annie Reopelle entitled to her attorney fees and costs in this appeal even if she does not prevail under N.D.C.C. 65-10-03 [1989 through 1993 version]?
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| Briefs: |
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Generated from Supreme Court Docket on 12/31/2007 |