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:
109/30/2002 NOTICE OF APPEAL: 09/16/2002
210/14/2002 RECORD ON APPEAL, Abstract of Record on Appeal to District Court (2 Volumes which includes
310/14/2002 transcript of Administrative Hearing dtd July 12, 2001
410/22/2002 MOT. EXT/TIME APPELLANT BRIEF (Letter Form)
510/22/2002 ACTION BY CLERK (MAT). Granted: 11/04/2002
610/23/2002 DISK - TRA Admin Hearing dtd 7-12-01
711/01/2002 APPELLANT BRIEF
811/01/2002 APPELLANT APPENDIX
911/05/2002 DISK - ATB
1011/26/2002 APPELLEE BRIEF
1111/27/2002 DISK of AEB
1212/12/2002 REPLY BRIEF
1312/13/2002 DISK - RYB
1401/23/2003 APPEARANCES: Leo F.J. Wilking; Daniel E. Phillips
1501/23/2003 ARGUED: Wilking; Phillips (Vol. Y; Page 82)
1601/23/2003 ORAL ARGUMENT WEBCAST
1704/15/2003 DISPOSITION: REVERSED AND REMANDED
1804/15/2003 SPLIT OPINION: Neumann, William A.
1904/15/2003 (CONCUR and DISSENT): Maring, Mary Muehlen: CON/DIS
2004/15/2003 Costs on appeal taxed under N.D.C.C. Section 65-10-03
2104/16/2003 Judgment Mailed to Parties
2204/24/2003 Corrected Opinion Pages 2 and 4
2305/09/2003 MANDATE
2405/13/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2508/19/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/02/2010