Rodenbiker v. Workforce Safety and Insurance

20070114 Doralee Rodenbiker, Claimant and Appellant
v.
Workforce Safety and Insurance, Appellee
and
Stage Stop Liquors, Inc. Respondent

Appeal from: District Court, South Central Judicial District, Morton County
Judge Gail Hagerty
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Larson Latham Huettl LLP
Appellee: Jacqueline Sue Anderson , Spec. Asst. Atty. Gen.
Term: 09/2007   Argument: 09/06/2007  11:00am
ND cite: 2007 ND 169
NW cite: 740 N.W.2d 831

Listen to recording of oral argument in MP3 format

Issues: 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.

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Docket entries:
104/23/2007 NOTICE OF APPEAL: 04/20/2007
204/23/2007 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
305/30/2007 APPELLANT BRIEF (e-filed)
405/30/2007 E-FILED BRIEF (ATB)
505/30/2007 APPELLANT APPENDIX
605/31/2007 Received $25 surcharge for ATB (Receipt #17557)
706/01/2007 Received 7 copies of ATB from Central Duplicating
806/01/2007 RECORD ON APPEAL w/Separates (Entry Nos. 8, 9, & 10-WSI Cert. of Rec.)
906/12/2007 DISK - TRA dated 11/7/05 (administrative transcript)
1006/26/2007 APPELLEE BRIEF
1106/27/2007 DISK - AEB
1207/06/2007 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
1307/26/2007 SITTING WITH THE COURT: McCullough, Steven E.
1408/01/2007 SITTING WITH THE COURT: Hodny, William F.
1509/06/2007 APPEARANCES: Steven L. Latham; Jacqueline S. Anderson
1609/06/2007 ARGUED: Latham; Anderson
1709/05/2007 ORAL ARGUMENT WEBCAST
1810/29/2007 DISPOSITION: REVERSED AND REMANDED
1910/29/2007 UNANIMOUS OPINION: Maring, Mary Muehlen
2010/29/2007 Costs on appeal taxed under N.D.C.C.  65-10-03
2111/01/2007 Judgment Mailed to Parties
2211/20/2007 MANDATE
2311/29/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/01/2014