Zander v. Workforce Safety and Insurance

20030129

Martin J. Zander, Claimant and Appellant
v.
Workforce Safety and
Insurance, Appellee

Appeal from:

District Court, South Central Judicial District, Burleigh County
Judge Thomas J. Schneider

Nature of Action:

Counsel:

Appellant:		Wheeler Wolf
Appellee:		Shawnda R. Ereth , Spec. Asst. Atty. Gen.

Term:

10/2003 Argument: 10/16/2003 09:30am

ND cite:

2003 ND 194

NW cite:

672 N.W.2d 668

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Issues:

Appellant's Statement of the Issues:
I. Zander has established by clear and convincing evidence that his 1991 work injury is the sole cause of his current low back condition.
II. The closed claim presumption in Section 65-05-35 N.D.C.C. that was enacted after Zander's injury cannot be retroactively applied to deny vested benefits.
III. The application of Section 65-05-35 N.D.C.C. denies Zander his constitutional right to due process under the United States Constitution and the North Dakota State Constitution.
IV. The application of Section 65-05-35 N.D.C.C. denies Zander his constitutional rights to equal protection under the United States Constitution and the North Dakota State Constitution.

Appellee's Statement of the Issues:
I. Zander Has Not Established By Clear And Convincing Evidence His 1991 Work Related Injury Is The Sole Cause Of His Current Low Back Condition.
II. N.D.C.C. 65-05-35 Was Properly Applied To Zander's Claim And Does Not Operate To Abrogate A Vested Right to Benefits.
III. The Application Of N.D.C.C. 65-05-35 To Zander's Claim Does Not Violate Zander's Due Process Rights Under The United States Constitution Or The North Dakota Constitution.
IV. The Application Of N.D.C.C. 65-05-35 To Zander's Claim Does Not Violate Zander's Equal Protection Rights Under The United States Constitution Or The North Dakota Constitution.

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Docket entries:

1	05/01/2003	NOTICE OF APPEAL: 04/30/2003
2	05/01/2003	No Transcript on Appeal
3	05/01/2003	DISK - TRA dated September 24, 2002
4	05/28/2003	RECORD ON APPEAL, Certificate of Record on Appeal to District Court (incl. orig. TRA dated 9-24-02,
5	05/28/2003	& 3 Depositions)
6	06/05/2003	MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support
7	06/05/2003	ACTION BY CLERK. Granted: 06/23/2003
8	06/23/2003	APPELLANT BRIEF
9	06/23/2003	APPELLANT APPENDIX
10	06/23/2003	DISK - ATB (e-mailed)
11	07/23/2003	APPELLEE BRIEF
12	07/23/2003	APPELLEE APPENDIX
13	07/23/2003	DISK - aeb
14	07/24/2003	Table of Contents for Appellee's Appendix
15	10/02/2003	Request for Media Coverage (AP) e-mail dated 10-02-03 from Dale Wetzel (APPROVED)
16	10/16/2003	APPEARANCES: Steven L. Latham; Shawnda R. Reid
17	10/16/2003	ARGUED: Latham; Reid (Vol. Y; Page 157)
18	10/16/2003	ORAL ARGUMENT WEBCAST
19	12/19/2003	DISPOSITION: REVERSED AND REMANDED
20	12/19/2003	UNANIMOUS OPINION: VandeWalle, Gerald W.
21	12/19/2003	Costs on appeal taxed under N.D.C.C. Section 65-10-03
22	12/22/2003	Judgment Mailed to Parties
23	01/12/2004	MANDATE
24	01/14/2004	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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