Rojas v. Workforce Safety and Insurance
v.
Workforce Safety and
Insurance, Appellant
and
Holland Enterprises, Inc., Respondent
Judge Gail H. Hagerty
| Appellant: | Leo F J Wilking , Spec. Asst. Atty. Gen. | |
| Appellee: | Dietz & Little Lawyers |
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1. Does the weight of the evidence support WSI's determination that Rojas did not sustain a significant change in his compensable medical condition after May 31, 2000, as required on a reapplication for disability benefits under Section 65-05-08(1)(a), N.D.C.C.?
2. Does the weight of the evidence support WSI's determination that Rojas did not sustain an actual wage loss caused by the alleged significant change in his compensable medical condition, as required by a reapplication for disability benefits under Section 65-05-08(1)(b), N.D.C.C.?
3. Did WSI adequately address evidence favorable to Rojas and adequately explain its rationale for rejecting the decision of the administrative law judge?
4. Does the record reflect communications between WSI's in-house counsel, WSI's litigation counsel, and WSI's final adjudicator, which exceeded the communication permitted by Section 28-32-37, N.D.C.C.?
Appellee's Statement of the Issues:
A. Did Workforce Safety & Insurance provide Mark Rojas with fair post-hearing adjudication?
B. Did Workforce Safety & Insurance's final Order adequately consider evidence presented by Mr. Rojas and adequately explain the organization's rationale for overturning Temporary Administrative Law Judge Paul Oppegard's recommended decision?
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