Rodenbiker v. Workforce Safety and Insurance
Doralee Rodenbiker, Claimant and Appellant
Workforce Safety and Insurance, Appellee
Stage Stop Liquors, Inc. Respondent
South Central Judicial District,
Judge Gail Hagerty
|Nature of Action:||Administrative Proceeding|
|Term:||09/2007  Argument: 09/06/2007|
|ND cite:||2007 ND 169|
740 N.W.2d 831
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Can WSI terminate Temporary Total Disability Benefits and award Partial Disability Benefits when Rodenbiker cannot be returned to substantial gainful employment as defined in N.D.C.C. Section 65-05.1-01(3), nor does she a retained earnings capacity sufficient to meet N.D.C.C. Section 65-05.1-01(6)(a)(3)?
II. Partial Disability Benefits may not be awarded if the injury causes a decrease in earnings capacity which prevents an injured worker from returning to substantial gainful employment.
III. Rodenbiker does not have the capabilities to perform the jobs identified in WSI's Order.
Appellee's Statement of the Issues:
1. Whether an injured worker is entitled to total disability benefits rather than partial disability benefits under N.D.C.C. 65-05-10(3), when no viable vocational rehabilitation plan under N.D.C.C. 65-05.1-01(4) can be identified, and the income test of N.D.C.C. 65-05.1-01(6) cannot be met.
2. Whether WSI reasonably could determine that Rodenbiker was capable of employment and had a retained earnings capacity of $163.00.
|Add Docket 20070114 RSS|
|1||04/23/2007 NOTICE OF APPEAL: 04/20/2007|
|2||04/23/2007 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.|
|3||05/30/2007 APPELLANT BRIEF (e-filed)|
|4||05/30/2007 E-FILED BRIEF (ATB)|
|5||05/30/2007 APPELLANT APPENDIX|
|6||05/31/2007 Received $25 surcharge for ATB (Receipt #17557)|
|7||06/01/2007 Received 7 copies of ATB from Central Duplicating|
|8||06/01/2007 RECORD ON APPEAL w/Separates (Entry Nos. 8, 9, & 10-WSI Cert. of Rec.)|
|9||06/12/2007 DISK - TRA dated 11/7/05 (administrative transcript)|
|10||06/26/2007 APPELLEE BRIEF|
|11||06/27/2007 DISK - AEB|
|12||07/06/2007 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John|
|13||07/26/2007 SITTING WITH THE COURT: McCullough, Steven E.|
|14||08/01/2007 SITTING WITH THE COURT: Hodny, William F.|
|15||09/06/2007 APPEARANCES: Steven L. Latham; Jacqueline S. Anderson|
|16||09/06/2007 ARGUED: Latham; Anderson|
|17||09/05/2007 ORAL ARGUMENT WEBCAST|
|18||10/29/2007 DISPOSITION: REVERSED AND REMANDED|
|19||10/29/2007 UNANIMOUS OPINION: Maring, Mary Muehlen|
|20||10/29/2007 Costs on appeal taxed under N.D.C.C. 65-10-03|
|21||11/01/2007 Judgment Mailed to Parties|
|23||11/29/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|