Stein v. Workforce Safety and Ins.
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| 20050196 |
Ronald Stein, Claimant and Appellant
v.
Workforce Safety and Insurance, Appellee
and
Motor Coach Industries, Inc., Respondent
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| Appeal from: |
District Court,
Northeast Judicial District,
Pembina County
Judge Laurie A. Fontaine |
|
Nature of Action: |
Workers Compensation
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| Counsel: |
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| Term: |
10/2005 Argument: 10/31/2005 01:30pm
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| ND cite: |
2006 ND 34
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| NW cite: |
710 N.W.2d 364
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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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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| 1 | | 06/06/2005 | |
NOTICE OF APPEAL: 06/03/2005 |
| 2 | | 07/01/2005 | |
RECORD ON APPEAL & Record of Workforce Safety |
| 3 | | 07/01/2005 | |
APPELLANT BRIEF |
| 4 | | 07/01/2005 | |
APPELLANT APPENDIX |
| 5 | | 07/05/2005 | |
DISK - ATB |
| 6 | | 07/19/2005 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 7 | | 08/01/2005 | |
APPELLEE BRIEF |
| 8 | | 08/02/2005 | |
DISK - aeb |
| 9 | | 08/05/2005 | |
Letter from Jacqueline S. Anderson correcting citation and clarifying Motor Coach Industries is |
| 10 | | 08/05/2005 | |
not an Appellee, but a Respondent only |
| 11 | | 08/11/2005 | |
REPLY BRIEF |
| 12 | | 08/12/2005 | |
DISK - RYB |
| 13 | | 09/07/2005 | |
SITTING WITH THE COURT: Medd, Joel D. |
| 14 | | 10/31/2005 | |
APPEARANCES: Mark G. Schneider; Jacqueline S. Anderson |
| 15 | | 10/31/2005 | |
ARGUED: Schneider; Anderson |
| 16 | | 10/31/2005 | |
ORAL ARGUMENT WEBCAST |
| 17 | | 02/06/2006 | |
DISPOSITION: AFFIRMED |
| 18 | | 02/06/2006 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 19 | | 02/06/2006 | |
Costs to be taxed under N.D.C.C. 65-10-03 |
| 20 | | 02/07/2006 | |
Judgment Mailed to Parties |
| 21 | | 03/09/2006 | |
MANDATE |
| 22 | | 03/15/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |