Nagel v. Workforce Safety and Ins.
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| 20070120 |
Susan G. Nagel, Claimant and Appellant
v.
Workforce Safety and Insurance, Appellee
and
Sykes Enterprises, Inc., Respondent
|
| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Gail H. Hagerty |
|
Nature of Action: |
Workers Compensation
|
| Counsel: |
|
| Term: |
10/2007 Argument: 10/25/2007 09:30am
|
| ND cite: |
2007 ND 202
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| NW cite: |
743 N.W.2d 112
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. If, after receiving a worker's report of injury under NDCC 65-05-01.2, an employer (1) erroneously tells the worker that the injury is not covered by workers' compensation and (2) fails to file with Workforce Safety and Insurance (WSI) the "first
report of notice of injury" described in NDCC 65-05-01.4, are the employer and WSI estopped from asserting the statute of limitations when the employee finally learns the truth and files a claim more than one year after the injury?
2. Is a worker competent to provide evidence of the "objective medical findings" requirement of NDCC 65-01-02(10) for conditions obvious to a medical lay person, such as whether the worker's teeth were intact before she shattered them in a fall on
concrete pavement at the workplace?
3. If an employer initially questions a worker's claim on the WSI Form C2, does the employer's questioning of the claim make it a party for discovery purposes, thereby subject to discovery rules applicable to parties as distinguished from
non-parties?
Appellee's Statement of the Issues:
I.Does the evidence support the administrative agency's finding that Nagel has not met her burden of proving she sustained a compensable injury?
II.Does the evidence support the administrative agency's determination that Nagel's claim is barred by the one year statute of limitations contained in N.D.C.C. 65-05-01?
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| 1 | | 04/27/2007 | |
NOTICE OF APPEAL: 04/26/2007 |
| 2 | | 04/27/2007 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 3 | | 06/01/2007 | |
MOT. EXT/TIME APPELLANT BRIEF (e-filed) |
| 4 | | 06/01/2007 | |
E-FILED MOTION (MAT) |
| 5 | | 06/01/2007 | |
ACTION BY CLERK (MAT). Granted: 06/20/2007 |
| 6 | | 06/20/2007 | |
APPELLANT BRIEF (PDF) |
| 7 | | 06/20/2007 | |
E-FILED BRIEF - ATB PDF |
| 8 | | 06/20/2007 | |
APPELLANT APPENDIX |
| 9 | | 06/20/2007 | |
E-FILED APPENDIX (ATA) |
| 10 | | 06/22/2007 | |
RECORD ON APPEAL, Workforce Safety's Certificate of Record, Addendum to Workforce Safety's |
| 11 | | 06/22/2007 | |
Certificate of Record, Deposition of Landgrebe, Deposition of Miller, & Transcripts of |
| 12 | | 06/22/2007 | |
Administrative Hearings dated 10-1-04 & 2-15-06 (Not Rec'd: 16 -- Court Reporter Notes) |
| 13 | | 06/25/2007 | |
Received $25 surcharge for ATB (Receipt #17598) |
| 14 | | 06/28/2007 | |
Certificate of Service (e-filed) of the corrected Appendix on opposing counsel |
| 15 | | 07/05/2007 | |
Received 7 copies of ATB from Central Duplicating |
| 16 | | 07/05/2007 | |
Received 6 copies of ATA from Central Duplicating |
| 17 | | 07/19/2007 | |
Clerk's Supplemental Certificate of Record dated 7/18/07 (2 adm. hrg. transcript diskettes). |
| 18 | | 07/20/2007 | |
DISK - electronic transcripts dated 10-1-04 and 2-15-06 |
| 19 | | 07/23/2007 | |
MOT. EXT/TIME APPELLEE BRIEF (sua sponte) |
| 20 | | 07/23/2007 | |
ACTION BY CLERK (MAE) (sua sponte). Granted: 07/23/2007 |
| 21 | | 07/23/2007 | |
APPELLEE BRIEF |
| 22 | | 07/23/2007 | |
APPELLEE APPENDIX |
| 23 | | 07/23/2007 | |
DISK - aeb |
| 24 | | 08/07/2007 | |
MOT. EXT/TIME REPLY BRIEF |
| 25 | | 08/07/2007 | |
ACTION BY CLERK (MRY). Granted: 08/13/2007 |
| 26 | | 08/13/2007 | |
REPLY BRIEF (PDF) |
| 27 | | 08/13/2007 | |
E-FILED BRIEF (PDF) |
| 28 | | 08/15/2007 | |
Received 7 copies of Reply Brief from Central Duplicating |
| 29 | | 08/22/2007 | |
Letter dated August 21, 2007, from John W. Morrison on behalf of Sykes Enterprises, Inc. |
| 30 | | 09/20/2007 | |
SITTING WITH THE COURT: Clapp, Sonja |
| 31 | | 10/25/2007 | |
APPEARANCES: John J. Gosbee and Susan G. Nagel; Lawrence A. Dopson, Special Asst. Attorney General |
| 32 | | 10/25/2007 | |
ARGUED: Gosbee; Dopson |
| 33 | | 10/25/2007 | |
ORAL ARGUMENT WEBCAST |
| 34 | | 12/19/2007 | |
DISPOSITION: AFFIRMED |
| 35 | | 12/19/2007 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 36 | | 12/19/2007 | |
Costs to be taxed under N.D.C.C. 65-10-03 |
| 37 | | 12/19/2007 | |
Judgment e-mailed to Parties |
| 38 | | 01/02/2008 | |
PETITION FOR REHEARING (e-filed) (PDF) |
| 39 | | 01/02/2008 | |
Addendum to Petition for Rehearing (attached to PER) |
| 40 | | 01/02/2008 | |
E-FILED BRIEF (Pet/Rehearing) |
| 41 | | 01/08/2008 | |
Received copies of PER from Central Duplicating |
| 42 | | 01/28/2008 | |
ACTION BY SUPREME COURT (PER). Denied |
| 43 | | 02/07/2008 | |
MANDATE |
| 44 | | 02/11/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |