Tverberg v. Workforce Safety & Insurance
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| 20060064 |
Kelly Ray Tverberg, Claimant and Appellant
v.
Workforce Safety and Insurance, Appellee
and
Delmar Rink Construction, Respondent
|
| Appeal from: |
District Court,
Northwest Judicial District,
McKenzie County
Judge David W. Nelson |
|
Nature of Action: |
Workers Compensation
|
| Counsel: |
|
| Term: |
09/2006 Argument: 09/07/2006 04:00pm
|
| ND cite: |
2006 ND 229
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| NW cite: |
723 N.W.2d 676
|
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| Issues: |
Appellant's Statement of the Issues:
Is Kelly Tverberg reasonably able to perform competitive gainful employment as a production assembler, fast-food worker, service station attendant, cashier, sales clerk, or telephone solicitor entitling him to an award of partial disability benefits
under N.D.C.C., Section 65-05.1-01(6)?
Appellee's Statement of the Issues:
1. Whether a reasoning mind could reasonably conclude that Tverberg has a retained earnings capacity under N.D.C.C. 65-05.1-01(6), entitling him to temporary partial disability benefits pursuant to N.D.C.C. 65-05-10.
2. Whether N.D.C.C. 65-05.1-01(6) is intended to determine an injured worker's retained earnings capacity for calculation of temporary partial disability benefits.
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 Add Docket 20060064 RSS
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| 1 | | 03/07/2006 | |
NOTICE OF APPEAL: 03/03/2006 |
| 2 | | 03/07/2006 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 3 | | 03/28/2006 | |
RECORD ON APPEAL & Workforce Safety Record(NOTE: P.636 was missing from Workforce Safety Record) |
| 4 | | 04/12/2006 | |
APPELLANT BRIEF |
| 5 | | 04/12/2006 | |
DISK - ATB |
| 6 | | 04/12/2006 | |
APPELLANT APPENDIX |
| 7 | | 04/28/2006 | |
MOT. EXT/TIME APPELLEE BRIEF; AFF. OF JACQUELINE S. ANDERSON |
| 8 | | 05/01/2006 | |
ACTION BY CLERK (MAE). Granted: 06/15/2006 |
| 9 | | 06/08/2006 | |
APPELLEE BRIEF |
| 10 | | 06/08/2006 | |
APPELLEE APPENDIX |
| 11 | | 06/12/2006 | |
DISK - aeb |
| 12 | | 06/21/2006 | |
REPLY BRIEF |
| 13 | | 06/21/2006 | |
DISK - RYB |
| 14 | | 07/26/2006 | |
S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY |
| 15 | | 08/10/2006 | |
SITTING WITH THE COURT: Hodny, William F. |
| 16 | | 09/07/2006 | |
APPEARANCES: oral argument waived; submitted under NDRAppP 34(a)(2) on the records and briefs filed |
| 17 | | 09/07/2006 | |
ARGUED: oral argument waived; submitted under NDRAppP 34(a)(2) on the records and briefs filed |
| 18 | | 11/13/2006 | |
DISPOSITION: AFFIRMED |
| 19 | | 11/13/2006 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 20 | | 11/13/2006 | |
Costs and disbursements taxed under N.D.C.C. 65-10-03 |
| 21 | | 11/14/2006 | |
Judgment Mailed to Parties |
| 22 | | 11/15/2006 | |
Corrected Opinion Page 5 |
| 23 | | 12/05/2006 | |
MANDATE |
| 24 | | 12/11/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |