Victor v. Workforce Safety & Insurance

20050384 Linda Victor, Claimant and Appellant
v.
Workforce Safety & Insurance, Appellee
and
Best Pet, Respondent

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Robert W. Holte
Nature of Action: Workers Compensation
Counsel:
Appellant: Dietz & Little Lawyers
Appellee: Lawrence E. King , Spec. Asst. Atty. Gen.
Term: 02/2006   Argument: 02/09/2006  10:45am
ND cite: 2006 ND 68
NW cite: 711 N.W.2d 188

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Has Workforce Safety & Insurance proven by the greater weight of the evidence that it has chosen the first appropriate rehabilitation option for Linda Victor?

Best Pet Statement of Issues:
1. Has Workforce Safety and Insurance met their responsibility to identify the most appropriate rehabilitation option for my injured worker?

Appellee's Statement of the Issues:
Whether the evidence supports the findings of the independent administrative law judge, Workforce Safety and Insurance, and the District Court, that WSI identified the first appropriate rehabilitation option for the claimant.

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Docket entries:
111/08/2005 NOTICE OF APPEAL: 11/07/2005
211/25/2005 This case is consolidated w/20050400. Make all docket entries, except DIS & MAN in this case.
311/25/2005 RECORD ON APPEAL & separates, incl. Cert. of ROA to Dist. Ct. & TRA of Admin. Hearing dated 3-18-04
411/25/2005 DISK - TRA of Admin. Hearing dated 3-18-04 (marked No. 45 on Clerk's Cert. dated 11-23-05)
512/12/2005 Letter dtd 12-9-05 from Ronald Roberts re being sole proprietor of Best Pet is only representing
612/12/2005 himself and Best Pet in these proceedings
712/16/2005 APPELLANT BRIEF (Linda Victor)
812/16/2005 APPELLANT APPENDIX (Linda Victor)
912/16/2005 DISK - ATB (Linda Victor)
1012/17/2005 APPELLANT BRIEF (Best Pet - Ronald Roberts)
1112/17/2005 E-FILED BRIEF (ATB Best Pet - Ronald Roberts)
1212/20/2005 $25 surcharge received from Best Pet - Ronald Roberts (Receipt #16697)
1312/20/2005 7 copies of the ATB of Best Pet-Ronald Roberts were made
1401/17/2006 APPELLEE BRIEF
1501/17/2006 APPELLEE APPENDIX
1601/17/2006 DISK - AEB
1701/18/2006 Copies of pages 5, 11, 17, 20, 22, 35, 41, 45, and 47 that were missing from copies of AEA
1801/27/2006 REPLY BRIEF (Linda Victor)
1901/30/2006 DISK - RYB (Victor)
2001/30/2006 REPLY BRIEF (Best Pet - Ronald Roberts)
2101/30/2006 E-FILED BRIEF (RYB Best Pet - Roberts)
2201/31/2006 Copies made of e-filed RYB (Best Pet - Roberts)
2302/02/2006 Supplemental Clerk's Certificate dated 2-1-06 (Entry No. 50-54)
2402/09/2006 APPEARANCES: Stephen D. Little; Ronald Roberts; Lawrence E. King
2502/09/2006 ARGUED: Little; Roberts; King
2602/09/2006 ORAL ARGUMENT WEBCAST
2703/29/2006 DISPOSITION: AFFIRMED
2803/29/2006 UNANIMOUS OPINION: Maring, Mary Muehlen
2903/29/2006 Costs to be taxed under N.D.C.C.65-10-03
3004/04/2006 Judgment Mailed to Parties
3105/08/2006 MANDATE
3205/10/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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