Rush v. ND Workers Comp.
Cheryll Rush, Claimant and Appellant
North Dakota Workers
Compensation Bureau, Appellee
Knife River Care Center, Respondent
South Central Judicial District,
Judge Bruce A. Romanick
|Nature of Action:||Workers Compensation|
|Term:||03/2002  Argument: 03/26/2002 10:45am|
|ND cite:||2002 ND 129|
649 N.W.2d 207
Listen to recording of oral argument in MP3 format
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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|1||11/15/2001||NOTICE OF APPEAL: 11/14/2001|
|2||12/06/2001||Copy of Order for Waiver of Costs on Appeal dtd 11-30-01 fm Cheryll Rush|
|4||01/03/2002||APPELLANT BRIEF (corrected)|
|5||01/03/2002||DISK - atb (corrected)|
|6||12/27/2001||RECORD ON APPEAL, Certificate of ROA to Dist. Ct., & orig. Transcript dated 11-14-00|
|7||12/27/2001||DISK - TRA of Admin. Hearing dated 11-14-00|
|8||01/10/2002||Ltr. from Cheryll Rush dtd 1-7-02, stating there is no page 13 in the ATB|
|9||02/08/2002||Faxed letter dated 2-08-02 from Lawrence A. Dopson re due date of AEB|
|10||02/08/2002||MOT. EXT/TIME APPELLEE BRIEF (no MAE)|
|11||02/08/2002||ACTION BY CHIEF DEPUTYCLERK (MAE - sua sponte). Granted: 02/08/2002|
|14||02/08/2002||DISK - AEB|
|15||03/26/2002||APPEARANCES: Cheryll Rush, (Zeely Rush was also present at counsel table); Lawrence A. Dopson|
|16||03/26/2002||ARGUED: Cheryll Rush; Dopson (Vol. X; Page 211)|
|17||03/26/2002||ORAL ARGUMENT WEBCAST|
|19||08/15/2002||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|20||08/15/2002||Costs on appeal taxed under Section 65-10-03 N.D.C.C.|
|21||08/16/2002||Judgment Mailed to Parties|
|23||09/16/2002||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|24||10/08/2007||EXPUNGED - Nonpermanent record items destroyed|