Jacobson v. ND Workers Comp. Bureau
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| 20000102 |
Myron Jacobson, Claimant and Appellant
v.
North Dakota Workers
Compensation Bureau, Appellee
|
| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Burt L. Riskedahl |
|
Nature of Action: |
Workers Compensation
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| Counsel: |
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| Term: |
09/2000 Argument: 09/25/2000 01:30pm
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| ND cite: |
2000 ND 225
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| NW cite: |
621 N.W.2d 141
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| Issues: |
Appellant's Statement of the Issues:
I. Did the Bureau fail to provide Myron Jacobson with adequate notice?
II. Did the Bureau unduly delay Myron Jacobson's evidentiary hearing?
III. Did the Bureau establish a willful, material violation of N.D.C.C., Section 65-05-33?
Appellee's Statement of the Issues:
1. Whether reasoning minds could reasonably conclude Jacobson made willful, material false statements to the Bureau under N.D.C.C. 65-05-33.
2. Whether the award of disability benefits to date of hearing was an adequate remedy for deficiencies in the Bureau's Notice of Intention to Discontinue/Reduce Benefits (NOID) and delays in bringing the matter on for hearing.
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 Add Docket 20000102 RSS
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| 1 | | 04/05/2000 | |
NOTICE OF APPEAL: 04/04/2000 |
| 2 | | 05/05/2000 | |
RECORD ON APPEAL & Separates #4 (Trans. commencing 12-18-98), #5(Trans. dated 8-11-99), #5A (Exhs. |
| 3 | | 05/05/2000 | |
B24, B28, B32, B31, B55, B68, B68-1 & B68-2) #6 (Record of Workers Comp. - 2 vols) and #8 (Brief) |
| 4 | | 05/12/2000 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 5 | | 05/12/2000 | |
APPELLANT BRIEF |
| 6 | | 05/12/2000 | |
APPELLANT APPENDIX |
| 7 | | 05/12/2000 | |
DISK - ATB |
| 8 | | 05/18/2000 | |
DISK - TRA - Prehearing conf of Aug 11, 1998 |
| 9 | | 06/12/2000 | |
APPELLEE BRIEF |
| 10 | | 06/12/2000 | |
APPELLEE APPENDIX |
| 11 | | 06/13/2000 | |
DISK - AEB |
| 12 | | 06/26/2000 | |
REPLY BRIEF |
| 13 | | 06/26/2000 | |
DISK - RYB |
| 14 | | 08/03/2000 | |
SITTING WITH THE COURT: Grosz, Richard W. |
| 15 | | 09/22/2000 | |
Letter dated 9-20-00 from Brent J. Edison (he is no longer with Zuger Kirmis & Smith but will |
| 16 | | 09/22/2000 | |
continue as attorney of record in this case) |
| 17 | | 09/25/2000 | |
APPEARANCES: Stephen D. Little; Brent J. Edison |
| 18 | | 09/25/2000 | |
ARGUED: Little; Edison (Vol. X; page 60) |
| 19 | | 12/29/2000 | |
DISPOSITION: AFFIRMED |
| 20 | | 12/29/2000 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 21 | | 12/29/2000 | |
Costs on appeal awarded pursuant to NDCC 65-10-03 |
| 22 | | 12/29/2000 | |
Order/Judgment Mailed to Parties |
| 23 | | 01/10/2001 | |
PETITION FOR REHEARING |
| 24 | | 01/10/2001 | |
DISK - PER |
| 25 | | 02/05/2001 | |
ACTION BY SUPREME COURT (Petition for Rehearing). Denied |
| 26 | | 02/15/2001 | |
MANDATE |
| 27 | | 02/22/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 28 | | 05/18/2007 | |
EXPUNGED - Nonpermanent record items destroyed |