Stein v. Workforce Safety and Ins.

20050196 Ronald Stein, Claimant and Appellant
v.
Workforce Safety and Insurance, Appellee
and
Motor Coach Industries, Inc., Respondent

Appeal from: District Court, Northeast Judicial District, Pembina County
Judge Laurie A. Fontaine
Nature of Action: Workers Compensation
Counsel:
Appellant: Schneider & Schneider
Appellee: Jacqueline Sue Anderson , Spec. Asst. Atty. Gen.
Term: 10/2005   Argument: 10/31/2005  1:30pm
ND cite: 2006 ND 34
NW cite: 710 N.W.2d 364

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Issues: Appellant's Statement of the Issues:
Did WSI err, as a matter of law, in refusing to recalculate Stein's average weekly wage (AWW) after he returned to work earning an undisputedly substantially higher weekly wage and, subsequently, once again became disabled?

Appellee's Statement of the Issues:
Whether Stein was entitled to recalculation of his average weekly wage under N.D.C.C.  65-05-09 when he had not returned to employment for a period of twelve consecutive calendar months or more since the last recalculation of his average weekly wage?

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Docket entries:
106/06/2005 NOTICE OF APPEAL: 06/03/2005
207/01/2005 RECORD ON APPEAL & Record of Workforce Safety
307/01/2005 APPELLANT BRIEF
407/01/2005 APPELLANT APPENDIX
507/05/2005 DISK - ATB
607/19/2005 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
708/01/2005 APPELLEE BRIEF
808/02/2005 DISK - aeb
908/05/2005 Letter from Jacqueline S. Anderson correcting citation and clarifying Motor Coach Industries is
1008/05/2005 not an Appellee, but a Respondent only
1108/11/2005 REPLY BRIEF
1208/12/2005 DISK - RYB
1309/07/2005 SITTING WITH THE COURT: Medd, Joel D.
1410/31/2005 APPEARANCES: Mark G. Schneider; Jacqueline S. Anderson
1510/31/2005 ARGUED: Schneider; Anderson
1610/31/2005 ORAL ARGUMENT WEBCAST
1702/06/2006 DISPOSITION: AFFIRMED
1802/06/2006 UNANIMOUS OPINION: Kapsner, Carol Ronning
1902/06/2006 Costs to be taxed under N.D.C.C. 65-10-03
2002/07/2006 Judgment Mailed to Parties
2103/09/2006 MANDATE
2203/15/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 04/18/2014