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:
Appellant: Wheeler Wolf
Appellee: Lawrence A. Dopson , Spec. Asst. Atty. Gen.
Term: 09/2005   Argument: 09/02/2005  9:30am
ND cite: 2005 ND 178
NW cite: 704 N.W.2d 818

Listen to recording of oral argument in MP3 format

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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Docket entries:
103/30/2005 NOTICE OF APPEAL: 03/28/2005
204/01/2005 DISK - Administrative Hearing transcript
304/29/2005 RECORD ON APPEAL & Record of Workforce Safety, which includes a Tran. dated 7-7-04
405/09/2005 APPELLANT BRIEF
505/09/2005 APPELLANT APPENDIX (replaced with corrected appendix filed 8-10-05)
605/09/2005 DISK - ATB
705/11/2005 Administrative Agency's Docket Sheet for ATA
806/10/2005 APPELLEE BRIEF
906/10/2005 APPELLEE APPENDIX
1006/10/2005 DISK - AEB
1108/10/2005 CORRECTED APPELLANT APPENDIX
1208/11/2005 Corrected Table of Contents, and pages 9 and 73 (that were missing) for the corrected ATA
1309/02/2005 APPEARANCES: Steven L. Latham; Lawrence A. Dopson, Spec. Asst. A.G
1409/02/2005 ARGUED: Latham; Dopson
1509/02/2005 ORAL ARGUMENT WEBCAST
1610/18/2005 DISPOSITION: AFFIRMED
1710/18/2005 UNANIMOUS OPINION: Sandstrom, Dale V.
1810/18/2005 (CONCUR IN RESULT): Maring, Mary Muehlen: CON/RES
1910/18/2005 Costs are taxed under N.D.C.C.  65-10-03
2010/20/2005 Judgment Mailed to Parties
2112/02/2005 MANDATE
2212/07/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2311/01/2012 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014