Bjerklie v. Workforce Safety and Insurance | |||||||
| 20050111 |
Donna Bjerklie, 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: | Workers Compensation | ||||||
| Counsel: |
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| Term: | 09/2005  Argument: 09/02/2005 09:30am | ||||||
| ND cite: | 2005 ND 178 | ||||||
| NW cite: |
704 N.W.2d 818
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 WSI have the authority to require Bjerklie to attend an independent medical examination. 2. Does WSI have the authority to schedule an IME pursuant to Section 65-05-28(3), NDCC, in Fargo, North Dakota, when Bjerklie resides in Bismarck. 3. Did Bjerklie have good cause for failing to attend the independent medical examination in Fargo, North Dakota. Appellee's Statement of the Issues: 1. Did claimant Donna Bjerklie have good cause to refuse to attend the Independent Medical Examination as ordered by Workforce Safety & Insurance? | ||||||
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| 1 | 03/30/2005 | NOTICE OF APPEAL: 03/28/2005 | ||
| 2 | 04/01/2005 | DISK - Administrative Hearing transcript | ||
| 3 | 04/29/2005 | RECORD ON APPEAL & Record of Workforce Safety, which includes a Tran. dated 7-7-04 | ||
| 4 | 05/09/2005 | APPELLANT BRIEF | ||
| 5 | 05/09/2005 | APPELLANT APPENDIX (replaced with corrected appendix filed 8-10-05) | ||
| 6 | 05/09/2005 | DISK - ATB | ||
| 7 | 05/11/2005 | Administrative Agency's Docket Sheet for ATA | ||
| 8 | 06/10/2005 | APPELLEE BRIEF | ||
| 9 | 06/10/2005 | APPELLEE APPENDIX | ||
| 10 | 06/10/2005 | DISK - AEB | ||
| 11 | 08/10/2005 | CORRECTED APPELLANT APPENDIX | ||
| 12 | 08/11/2005 | Corrected Table of Contents, and pages 9 and 73 (that were missing) for the corrected ATA | ||
| 13 | 09/02/2005 | APPEARANCES: Steven L. Latham; Lawrence A. Dopson, Spec. Asst. A.G | ||
| 14 | 09/02/2005 | ARGUED: Latham; Dopson | ||
| 15 | 09/02/2005 | ORAL ARGUMENT WEBCAST | ||
| 16 | 10/18/2005 | DISPOSITION: AFFIRMED | ||
| 17 | 10/18/2005 | UNANIMOUS OPINION: Sandstrom, Dale V. | ||
| 18 | 10/18/2005 | (CONCUR IN RESULT): Maring, Mary Muehlen: CON/RES | ||
| 19 | 10/18/2005 | Costs are taxed under N.D.C.C. 65-10-03 | ||
| 20 | 10/20/2005 | Judgment Mailed to Parties | ||
| 21 | 12/02/2005 | MANDATE | ||
| 22 | 12/07/2005 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |