Hoffman v. ND Workers Comp. Bureau
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| 20010310 |
Mark Hoffman, Claimant and Appellant
v.
North Dakota Workers
Compensation Bureau, Appellee
and
Mor-Gran-Sou Electric Coop. Respondent
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| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Robert O. Wefald |
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Nature of Action: |
Workers Compensation
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| Counsel: |
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| Term: |
04/2002 Argument: 04/30/2002 01:30pm
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| ND cite: |
2002 ND 138
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| NW cite: |
651 N.W.2d 601
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
A. Hoffman did not engage in a second instance of noncompliance with vocational rehabilitation without good cause.
B. A willful failure to give a maximum consistent effort during an FCE cannot be an act of noncompliance under Section 65-05.1-04(6).
C. The Bureau has the burden of proof in establishing that a claimant has engaged in noncompliance with vocational rehabilitation without good cause.
Appellee's Statement of the Issues:
I. The Burden is on the Claimant under N.D.C.C. 65-05.1-04(6) to Prove He Has Good Cause for Not Complying with the Requirements of a Vocational Rehabilitation Plan
II. The Record Supports the Administrative Law Judge's Determination that Hoffman was Noncompliant Without Good Cause
III. Hoffman's Failure to Participate in a Valid Functional Capacity Assessment Constitutes Noncompliance With His Vocational Rehabilitation Order
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| 1 | | 12/19/2001 | |
NOTICE OF APPEAL: 12/18/2001 |
| 2 | | 12/19/2001 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 3 | | 01/17/2002 | |
RECORD ON APPEAL, Workers Comp. Record (2 vols.) & Transcript dated 5-16-01 |
| 4 | | 01/23/2002 | |
DISK - tra (5-16-01) |
| 5 | | 01/23/2002 | |
APPELLANT BRIEF |
| 6 | | 01/23/2002 | |
APPELLANT APPENDIX |
| 7 | | 01/23/2002 | |
DISK - ATB |
| 8 | | 02/19/2002 | |
MOT. EXT/TIME APPELLEE BRIEF (Letter Form) |
| 9 | | 02/19/2002 | |
ACTION BY CLERK. Granted: 03/04/2002 |
| 10 | | 03/04/2002 | |
APPELLEE BRIEF |
| 11 | | 03/04/2002 | |
APPELLEE APPENDIX |
| 12 | | 03/06/2002 | |
DISK - AEB |
| 13 | | 04/04/2002 | |
SITTING WITH THE COURT: Bekken, James M. |
| 14 | | 04/30/2002 | |
APPEARANCES: Kathryn L. Dietz; Lawrence A. Dopson |
| 15 | | 04/30/2002 | |
ARGUED: Dietz; Dopson (Vol. X; Page 219) |
| 16 | | 04/30/2002 | |
ORAL ARGUMENT WEBCAST |
| 17 | | 08/22/2002 | |
DISPOSITION: REVERSED AND REMANDED |
| 18 | | 08/22/2002 | |
SPLIT OPINION: Neumann, William A. |
| 19 | | 08/22/2002 | |
(DISSENT): Sandstrom, Dale V.: DISSENT |
| 20 | | 08/22/2002 | |
Costs on appeal taxed under Section 65-10-03 N.D.C.C. |
| 21 | | 08/22/2002 | |
Judgment Mailed to Parties |
| 22 | | 09/16/2002 | |
MANDATE |
| 23 | | 09/20/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 24 | | 10/12/2007 | |
EXPUNGED - Nonpermanent record items destroyed |