Elshaug v. Workforce Safety and Insurance
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| 20030100 |
Rosella Elshaug, Claimant and Appellee
v.
Workforce Safety and
Insurance, Appellant
and
Ashley Medical Center, Respondent
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| Appeal from: |
District Court,
South Central Judicial District,
McIntosh County
Judge Benny A. Graff |
|
Nature of Action: |
Workers Compensation
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| Counsel: |
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| Term: |
09/2003 Argument: 09/09/2003 10:45am
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| ND cite: |
2003 ND 177
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| NW cite: |
671 N.W.2d 784
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Did the Bureau weigh conflicting medical opinions and explain its rationale for disregarding medical evidence favorable to Elshaug?
2. Was the Bureau's conclusion that Elshaug had not proven a causal relationship between her medical condition and her exposure to laundry products at the Ashley Medical Center supported by its findings of fact
3. 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. Has the North Dakota Workers Compensation Bureau properly evaluated medical evidence supporting Rosella Elshaug's continued entitlement to benefits?
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 Add Docket 20030100 RSS
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| 1 | | 04/03/2003 | |
NOTICE OF APPEAL: 04/02/2003 |
| 2 | | 04/03/2003 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 3 | | 05/01/2003 | |
RECORD ON APPEAL (w/ separate entry no. 5 - 2 volumes of Record from Workers Comp.) |
| 4 | | 05/06/2003 | |
Supplemental Clerk's Certificate dated 5-2-03 (Containing the District Court Record in 98-C-32 and |
| 5 | | 05/06/2003 | |
& the Workers Comp. Record |
| 6 | | 05/14/2003 | |
DISK - tra (6-11-98)(TRANS. COPIED FROM J:\Briefs99\990286.tra) |
| 7 | | 05/12/2003 | |
APPELLANT BRIEF |
| 8 | | 05/12/2003 | |
APPELLANT APPENDIX |
| 9 | | 05/13/2003 | |
DISK - atb |
| 10 | | 05/21/2003 | |
DISK - TRA (4/17/01, 5/7/01 & 4/12/02) |
| 11 | | 06/12/2003 | |
APPELLEE BRIEF |
| 12 | | 06/12/2003 | |
APPELLEE APPENDIX |
| 13 | | 06/17/2003 | |
Corrected TOA & page 14 for AEB |
| 14 | | 06/17/2003 | |
DISK - AEB |
| 15 | | 06/19/2003 | |
REPLY BRIEF |
| 16 | | 06/20/2003 | |
DISK - RYB |
| 17 | | 08/12/2003 | |
SITTING WITH THE COURT: Bekken, James M. |
| 18 | | 09/09/2003 | |
APPEARANCES: Leo F.J. Wilking; Stephen D. Little |
| 19 | | 09/09/2003 | |
ARGUED: Wilking; Little (Vol. Y; Page 136) |
| 20 | | 09/09/2003 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 11/18/2003 | |
DISPOSITION: REVERSED AND REMANDED |
| 22 | | 11/18/2003 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 23 | | 11/18/2003 | |
Costs on appeal will be taxed under N.D.C.C. Section 65-10-03 |
| 24 | | 11/19/2003 | |
Order/Judgment Mailed to Parties |
| 25 | | 12/10/2003 | |
MANDATE |
| 26 | | 12/12/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 27 | | 03/30/2010 | |
EXPUNGED - Nonpermanent record items destroyed |