Deraas v. Workforce Safety and Insurance
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| 20070016 |
Patricia Deraas, Claimant and Appellant
v.
Workforce Safety and Insurance, Appellee
and
Bobcat Company/Ingersoll Rand, Respondent and Appellee
|
| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Gail H. Hagerty |
|
Nature of Action: |
Workers Compensation
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| Counsel: |
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| Term: |
04/2007 Argument: 04/17/2007 10:45am
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| ND cite: |
2007 ND 70
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| NW cite: |
734 N.W.2d 342
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Has Patricia Deraas shown by the greater weight of the medical evidence that her continuing neck and head symptoms are a substantial result of her 2002 and 2003 work injuries?
Appellee's Statement of the Issues:
1. Whether a reasoning mind reasonably could have determined that Workforce Safety and Insurance's finding that Ms. Deraas's continuing cervical condition was not a result of her August 2003 work injury and thus, she was not entitled to worker's
compensation benefits after December 24, 2004, was proven by the weight of the evidence from the entire record.
AE2 issues
Whether a reasoning mind reasonably could have determined the factual conclusions recited in the Agency's May 4, 2006 Final Order, holding that Patricia Deraas' cervical degenerative disc disease and her current neck symptoms were unrelated to her
August 21, 2003 work injury, were proven by the greater weight of the evidence from the entire record.
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| 1 | | 01/15/2007 | |
NOTICE OF APPEAL: 01/11/2007 |
| 2 | | 01/15/2027 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 3 | | 02/09/2007 | |
RECORD ON APPEAL with separates 4(admin. record with transcript dated June 9, 2005, and transcript |
| 4 | | 02/09/2007 | |
of deposition) |
| 5 | | 02/15/2007 | |
DISK - tra (Adm. Hrg. Trans. dated 6-9-05) |
| 6 | | 02/20/2007 | |
APPELLANT BRIEF |
| 7 | | 02/20/2007 | |
APPELLANT APPENDIX |
| 8 | | 02/20/2007 | |
DISK - ATB |
| 9 | | 03/07/2007 | |
APPELLEE BRIEF - Workforce Safety and Insurance |
| 10 | | 03/07/2007 | |
APPELLEE APPENDIX |
| 11 | | 03/08/2007 | |
DISK - aeb (e-mailed) Worforce Safety and Insurance |
| 12 | | 03/21/2007 | |
APPELLEE BRIEF - Bobcat Co./Ingersoll Rand |
| 13 | | 03/21/2007 | |
DISK of AEB - Bobcat Co./Ingersoll Rand |
| 14 | | 03/21/2007 | |
SITTING WITH THE COURT: Leclerc, Lawrence A. |
| 15 | | 04/04/2007 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 16 | | 04/04/2007 | |
SITTING WITH THE COURT: Irby, John Charles |
| 17 | | 04/17/2007 | |
APPEARANCES: Stephen D. Little; Lawrence E. King; Leslie Bakken Oliver |
| 18 | | 04/17/2007 | |
ARGUED: Little; King; Oliver |
| 19 | | 04/17/2007 | |
ORAL ARGUMENT WEBCAST |
| 20 | | 05/09/2007 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 21 | | 05/09/2007 | |
UNANIMOUS OPINION: Per Curiam |
| 22 | | 05/09/2007 | |
Costs on appeal taxed under N.D.C.C. 65-10-03 |
| 23 | | 05/09/2007 | |
Judgment E-Mailed to Parties |
| 24 | | 05/31/2007 | |
MANDATE |
| 25 | | 06/05/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |