Bachmeier v. Workers Comp.
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| 20020270 |
Anna Marie Bachmeier, Personal
Representative of the Estate
of Randy Bachmeier, Deceased, Claimant and Appellant
v.
The North Dakota Workers
Compensation Bureau, Appellee
and
Nordic Fiberglass, Respondent
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| Appeal from: |
District Court,
Northeast Judicial District,
Ramsey County
Judge Donovan John Foughty |
|
Nature of Action: |
Workers Compensation
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| Counsel: |
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| Term: |
01/2003 Argument: 01/13/2003 02:45pm
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| ND cite: |
2003 ND 63
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| NW cite: |
660 N.W.2d 217
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Did the Bureau err as a matter of law in determining whether there was actual wage loss related to the work injury, when it failed to consider material medical evidence that Bachmeier was at all relevant times, since his last employment, disabled
from gainful employment as a result of his work-related injury?
Appellee's Statement of the Issues:
Whether Bachmeier established an actual wage loss caused by a significant change in his compensable medical condition.
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| 1 | | 10/02/2002 | |
NOTICE OF APPEAL: 09/26/2002 |
| 2 | | 10/02/2002 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 3 | | 10/24/2002 | |
RECORD ON APPEAL not forwarded with the ROA were No. 6 (Certificate of Record on Appeal to District |
| 4 | | 10/24/2002 | |
Court) and No. 7 (VideoTape) Dist Ct Clk indicated these were mailed back to ND Workers Comp. |
| 5 | | 11/04/2002 | |
APPELLANT BRIEF |
| 6 | | 11/04/2002 | |
APPELLANT APPENDIX |
| 7 | | 11/04/2002 | |
DISK - ATB |
| 8 | | 11/14/2002 | |
Copy of docket sheet from Workers Comp. Record for ATA |
| 9 | | 11/15/2002 | |
Worker's Comp. Record (2 vols.) & video tape of work place & TRA dated 11-15-01 |
| 10 | | 11/26/2002 | |
DISK - Hearing dated November 15, 2001 |
| 11 | | 12/09/2002 | |
APPELLEE BRIEF |
| 12 | | 12/10/2002 | |
DISK - AEB |
| 13 | | 12/20/2002 | |
SITTING WITH THE COURT: Wefald, Robert O. |
| 14 | | 01/13/2003 | |
APPEARANCES: Kathryn L. Dietz; Jacqueline S. Anderson |
| 15 | | 01/13/2003 | |
ARGUED: Dietz; Anderson (Vol. Y; Page 77) |
| 16 | | 01/13/2003 | |
ORAL ARGUMENT WEBCAST |
| 17 | | 04/17/2003 | |
DISPOSITION: AFFIRMED |
| 18 | | 04/17/2003 | |
SPLIT OPINION: Sandstrom, Dale V. |
| 19 | | 04/17/2003 | |
(DISSENT): Maring, Mary Muehlen: DISSENT |
| 20 | | 04/17/2003 | |
(Join DISSENT): Neumann, William A.: JN/DIS |
| 21 | | 04/17/2003 | |
Costs on appeal will be taxed in favor of appellee under N.D.C.C. 65-10-03 |
| 22 | | 04/17/2003 | |
Judgment Mailed to Parties |
| 23 | | 05/13/2003 | |
MANDATE |
| 24 | | 05/15/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 25 | | 08/19/2008 | |
EXPUNGED - Nonpermanent record items destroyed |