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 H. 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

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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:

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
22	11/20/2007	MANDATE
23	11/29/2007	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/02/2010