Shiek v. ND Workers Comp. Bureau

20010319 Darold B. Shiek, Claimant and Appellant
v.
North Dakota Workers
Compensation Bureau, Appellee
and
North Dakota State University, Respondent

Appeal from: District Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger
Nature of Action: Workers Compensation
Counsel:
Appellant: Schneider & Schneider
Appellee: Jacqueline Sue Anderson , Spec. Asst. Atty. Gen.
Term: 03/2002   Argument: 03/26/2002  Waived
ND cite: 2002 ND 85
NW cite: 643 N.W.2d 721


Issues: Appellant's Statement of the Issues:
In ignoring the cumulative "whole body" impairment caused by the several work-related permanent partial impairments suffered by Shiek, did the Bureau err as a matter of law by misconstruing the permanent impairment benefit statute (N.D.C.C.   65-05-12.2(7) and (10) (1999))?

Appellant's Reply Brief Issues
1. Deducting prior, and calculating current, PPI awards on a "whole body impairment" (65-05-12.2(7) and (10)) basis embraces clear legislative intent that most severely impaired workers receive proportionally higher PPI awards.
2. Shiek has neither sought nor received ". . . a readjudication of . . . prior impairments under the 'new' law . . ." as the Bureau erroneously asserts.

Appellee's Statement of the Issues:
Whether N.D.C.C.  65-05-12.2(7) (1999) applies when there has been no prior permanent partial impairment award for the same member or body part.

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Docket entries:
112/28/2001 NOTICE OF APPEAL: 12/26/2001
201/22/2002 APPELLANT BRIEF
301/22/2002 Attachment to ATB
401/22/2002 APPELLANT APPENDIX
501/23/2002 DISK - ATB
601/30/2002 RECORD ON APPEAL & ABSTRACT OF ROA TO DISTRICT COURT (Not rec'd: Clerk's Cert. #24 - Tape)
702/07/2002 APPELLEE BRIEF
802/12/2002 DISK - AEB (electronically transmitted)
902/19/2002 REPLY BRIEF
1002/20/2002 DISK - RYB
1103/01/2002 Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel dated 3-01-02) APPROVED
1203/04/2002 REQUEST TO WAIVE OA (Appellant/Appellee -- see letter dated 3-04-02)
1303/04/2002 ACTION BY SUPREME COURT (OA waived - AT/AE). Granted
1403/05/2002 Original letter dated 3-04-02 from Mark G. Schneider
1503/26/2002 APPEARANCES: submitted on brief
1603/26/2002 ARGUED: submitted on brief (Vol. X; Page 212)
1705/14/2002 DISPOSITION: REVERSED AND REMANDED
1805/14/2002 SPLIT OPINION: Maring, Mary Muehlen
1905/14/2002 Dissent: Kapsner, Carol Ronning: DISSENT
2005/14/2002 Joined in Dissent: Sandstrom, Dale V.: JN/DIS
2105/14/2002 Costs on appeal taxed in accordance with NDCC 65-10-03
2205/16/2002 Corrected/Substitute Opinion Page 3, para 9, line 8
2305/17/2002 Order/Judgment Mailed to Parties
2405/28/2002 PETITION FOR REHEARING
2505/29/2002 DISK - PER
2606/04/2002 ACTION BY SUPREME COURT (PER). Denied
2706/05/2002 OPINION ON PETITION FOR REHEARING
2806/14/2002 MANDATE
2906/19/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3010/15/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 08/29/2014