Rush v. ND Workers Comp.

20010282 Cheryll Rush, Claimant and Appellant
v.
North Dakota Workers
Compensation Bureau, Appellee
and
Knife River Care Center, Respondent

Appeal from: District Court, South Central Judicial District, Mercer County
Judge Bruce A. Romanick
Nature of Action: Workers Compensation
Counsel:
Appellant: Pro se
Appellee: Lawrence A. Dopson , Spec. Asst. Atty. Gen.
Term: 03/2002   Argument: 03/26/2002  10:45am
ND cite: 2002 ND 129
NW cite: 649 N.W.2d 207

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether or not I (Cheryll Rush) suffered a work related injury on January 7, 1999, due to a toxic exposure to ethylene glycol?
II. Would a reasoning mind have determined there was a toxic exposure causing my congestive heart failure?
III. Were there questions that were unanswered that needed more clarification, adducing of additional evidence, and remanding the case back to hearing stage.

Appellee's Statement of the Issues:
I. Does the evidence support the Findings of the Administrative Law Judge and the North Dakota Workers Compensation Bureau that the Appellant's heart condition is not related to her employment.

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Docket entries:
111/15/2001 NOTICE OF APPEAL: 11/14/2001
212/06/2001 Copy of Order for Waiver of Costs on Appeal dtd 11-30-01 fm Cheryll Rush
312/20/2001 APPELLANT APPENDIX
401/03/2002 APPELLANT BRIEF (corrected)
501/03/2002 DISK - atb (corrected)
612/27/2001 RECORD ON APPEAL, Certificate of ROA to Dist. Ct., & orig. Transcript dated 11-14-00
712/27/2001 DISK - TRA of Admin. Hearing dated 11-14-00
801/10/2002 Ltr. from Cheryll Rush dtd 1-7-02, stating there is no page 13 in the ATB
902/08/2002 Faxed letter dated 2-08-02 from Lawrence A. Dopson re due date of AEB
1002/08/2002 MOT. EXT/TIME APPELLEE BRIEF (no MAE)
1102/08/2002 ACTION BY CHIEF DEPUTYCLERK (MAE - sua sponte). Granted: 02/08/2002
1202/08/2002 APPELLEE BRIEF
1302/08/2002 APPELLEE APPENDIX
1402/08/2002 DISK - AEB
1503/26/2002 APPEARANCES: Cheryll Rush, (Zeely Rush was also present at counsel table); Lawrence A. Dopson
1603/26/2002 ARGUED: Cheryll Rush; Dopson (Vol. X; Page 211)
1703/26/2002 ORAL ARGUMENT WEBCAST
1808/15/2002 DISPOSITION: AFFIRMED
1908/15/2002 UNANIMOUS OPINION: VandeWalle, Gerald W.
2008/15/2002 Costs on appeal taxed under Section 65-10-03 N.D.C.C.
2108/16/2002 Judgment Mailed to Parties
2209/12/2002 MANDATE
2309/16/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2410/08/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/18/2014