Swenson v. Workforce Safety and Insurance Fund
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| 20070049 |
Timothy R. Swenson, Claimant and Appellant
v.
Workforce Safety &
Insurance Fund, Appellee
and
Nabors Drilling, USA, Inc., Respondent
|
| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Thomas J. Schneider |
|
Nature of Action: |
Workers Compensation
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| Counsel: |
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| Term: |
05/2007 Argument: 05/10/2007 01:00pm
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| ND cite: |
2007 ND 149
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| NW cite: |
738 N.W.2d 892
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Has Timothy Swenson established by a preponderance of evidence that his cervical and thoracic spine conditions are substantially related to 19 years of heavy oil field labor?
Appellee's Statement of the Issues:
I. Standard of Review
II. WSI weighed the conflicting medical opinions or Dr. Killen and Dr. Simoet and adequately explained its reasons for rejecting the opinion of Dr. Killen.
III. Dr. Killen's supplemental letter, submitted after her review of the administrative law judge's recommend decision, is mere reargument of prior testimony.
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 Add Docket 20070049 RSS
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| 1 | | 02/14/2007 | |
NOTICE OF APPEAL: 02/13/2007 |
| 2 | | 02/14/2007 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 3 | | 02/20/2007 | |
DISK - transcript of administrative hearing dated February 28, 2006 |
| 4 | | 03/13/2007 | |
ROA, w/Separates [Entry Nos. 4-Cert. of Rec.(Entry Nos. 1-726) & 5-Amended Cert of Rec] |
| 5 | | 03/23/2007 | |
APPELLANT BRIEF |
| 6 | | 03/23/2007 | |
APPELLANT APPENDIX |
| 7 | | 03/23/2007 | |
DISK - atb |
| 8 | | 04/04/2007 | |
APPELLEE BRIEF |
| 9 | | 04/04/2007 | |
APPELLEE APPENDIX |
| 10 | | 04/05/2007 | |
DISK - aeb |
| 11 | | 04/18/2007 | |
SITTING WITH THE COURT: Foughty, Donovan John |
| 12 | | 05/10/2007 | |
APPEARANCES: Stephen D. Little; Leo F.J. Wilking |
| 13 | | 05/10/2007 | |
ARGUED: Little; Wilking |
| 14 | | 05/10/2007 | |
ORAL ARGUMENT WEBCAST |
| 15 | | 07/05/2007 | |
letter dated 7/3/07 from Jacqueline Anderson stating she is replacing Leo Wilking in this matter. |
| 16 | | 09/05/2007 | |
DISPOSITION: REVERSED AND REMANDED |
| 17 | | 09/05/2007 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 18 | | 09/05/2007 | |
(DISSENT): Sandstrom, Dale V.: DISSENT |
| 19 | | 09/05/2007 | |
Costs on appeal taxed under N.D.C.C. 65-10-03. |
| 20 | | 09/10/2007 | |
Judgment Mailed to Parties |
| 21 | | 09/27/2007 | |
MANDATE |
| 22 | | 10/01/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |