Lesmeister v. ND Workers Comp.

20020265

Beverly Lesmeister, Claimant and Appellee
v.
North Dakota Workers
Compensation Bureau, Appellant
and
Lutheran Home of the
Good Shepherd, Respondent

Appeal from:

District Court, Southeast Judicial District, Eddy County
Judge John E. Greenwood

Nature of Action:

Workers Compensation

Counsel:

Appellant:		Leo F J Wilking , Spec. Asst. Atty. Gen.
Appellee:		Schneider & Schneider

Term:

01/2003 Argument: 01/23/2003 02:45pm

ND cite:

2003 ND 60

NW cite:

659 N.W.2d 350

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Issues:

Appellant's Statement of the Issues:
1. Could a reasoning mind reasonably have determined, based on a preponderance of the evidence, that Lesmeister did not experience a significant worsening of her back condition?
2. Could a reasoning mind reasonably have determined, based on a preponderance of the evidence, that Lesmeister did not suffer an actual wage loss as a result of any significant worsening of her back condition?
3. Could a reasoning mind reasonably have determined, based on a preponderance of the evidence, that Lesmeister was not disabled due to her ankle condition?
4. Did the District Court err as a matter of law in weighing conflicting medical opinions and substituting its judgment for that of the Bureau?

Appellee's Statement of the Issues:
1. Did the North Dakota Worker's Compensation Bureau improperly deny Lesmeister's reapplication for disability benefits on her 1983 back injury claim as she had both a significant change (worsening) in her work injury and an actual wage loss?
2. Did the North Dakota Worker's Compensation Bureau improperly deny Lesmeister disability benefits on her 1999 right ankle/back claim?

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Docket entries:

1	09/30/2002	NOTICE OF APPEAL: 09/16/2002
2	10/14/2002	RECORD ON APPEAL, Abstract of Record on Appeal to District Court (2 Volumes which includes
3	10/14/2002	transcript of Administrative Hearing dtd July 12, 2001
4	10/22/2002	MOT. EXT/TIME APPELLANT BRIEF (Letter Form)
5	10/22/2002	ACTION BY CLERK (MAT). Granted: 11/04/2002
6	10/23/2002	DISK - TRA Admin Hearing dtd 7-12-01
7	11/01/2002	APPELLANT BRIEF
8	11/01/2002	APPELLANT APPENDIX
9	11/05/2002	DISK - ATB
10	11/26/2002	APPELLEE BRIEF
11	11/27/2002	DISK of AEB
12	12/12/2002	REPLY BRIEF
13	12/13/2002	DISK - RYB
14	01/23/2003	APPEARANCES: Leo F.J. Wilking; Daniel E. Phillips
15	01/23/2003	ARGUED: Wilking; Phillips (Vol. Y; Page 82)
16	01/23/2003	ORAL ARGUMENT WEBCAST
17	04/15/2003	DISPOSITION: REVERSED AND REMANDED
18	04/15/2003	SPLIT OPINION: Neumann, William A.
19	04/15/2003	(CONCUR and DISSENT): Maring, Mary Muehlen: CON/DIS
20	04/15/2003	Costs on appeal taxed under N.D.C.C. Section 65-10-03
21	04/16/2003	Judgment Mailed to Parties
22	04/24/2003	Corrected Opinion Pages 2 and 4
23	05/09/2003	MANDATE
24	05/13/2003	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
25	08/19/2008	EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/01/2008