Manske v. Workforce Safety and Insurance
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| 20070173 |
Catherine Manske, Claimant and Appellant
v.
Workforce Safety and
Insurance, Appellee
and
Northern States Power
Company a/k/a Xcel Energy, Respondent
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke |
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Nature of Action: |
Workers Compensation
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| Counsel: |
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| Term: |
12/2007 Argument: 12/20/2007 01:30pm
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| ND cite: |
2008 ND 79
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| NW cite: |
748 N.W.2d 394
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
A. North Dakota law providing for workers compensation benefits is "remedial legislation", and Workforce Safety & Insurance may not permissibly "place itself in a position fully adversary to the claimant."
B. In resolving conflicts in medical evidence in cases before it, Workforce Safety & Insurance "must consider the entire record, clarify inconsistencies and explain its reasons for disregarding medical evidence favorable to the claimant."
C. In order to establish a causal connection between a particular injury, and a workers employment, for the purpose of entitlement to workers compensation benefits in North Dakota, a claimant need not prove that the `employment was the sole cause of
injury and it is sufficient if the working condition is a substantial contributing factor to the injury."
D. The final decision of Workforce Safety & Insurance in this case must be vacated, and reversed, where "a reasoning mind" could not have reasonably concluded that claimant Catherine Manske had failed to prove, by a preponderance of the evidence,
that her late husband's occupational asbestos exposure was not at least a "substantial contributing factor" in causing the lung cancer which took Robert Manske's life.
Appellee's Statement of the Issues:
1. Whether WSI applied the correct evidentiary standard in reaching its decision on Catherine Manske's claim for benefits.
2. Whether a reasoning mind could reasonably determine that Manske's exposure to asbestos during his employment was not a substantial contributing factor to his fatal lung cancer.
3. Whether WSI properly weighed conflicting medical opinions and adequately explained its reasons for rejecting the testimony of medical evidence favorable to Catherine Manske.
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| 1 | | 06/20/2007 | |
NOTICE OF APPEAL: 06/18/2007 |
| 2 | | 06/20/2007 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 3 | | 07/17/2007 | |
DISK of Administrative Transcript dated 1-26-06 |
| 4 | | 07/17/2007 | |
RECORD ON APPEAL & Separate [Entry No. 3 - WSI Certificate of Record (Entry Nos. 1-896)] |
| 5 | | 07/17/2007 | |
Not received with the Record on Appeal (Entry No. 28 - Steno Notes). |
| 6 | | 07/27/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 7 | | 07/27/2007 | |
ACTION BY CLERK (MAT). Granted: 08/27/2007 |
| 8 | | 08/27/2007 | |
MOT. EXT/TIME APPELLANT BRIEF, Affidavit of David C. Thompson, Aff. of Service by electronic mail |
| 9 | | 08/27/2007 | |
ACTION BY CHIEF JUSTICE (MAT). Granted: 09/11/2007 |
| 10 | | 09/11/2007 | |
APPELLANT BRIEF (e-filed) |
| 11 | | 09/11/2007 | |
E-FILED BRIEF (ATB) (e-filed) |
| 12 | | 09/12/2007 | |
APPELLANT APPENDIX (e-filed) |
| 13 | | 09/12/2007 | |
E-FILED APPENDIX (ATA) |
| 14 | | 09/14/2007 | |
Received $190 surcharge for ATB & ATA (Receipt #17690) |
| 15 | | 09/18/2007 | |
Received 7 copies of ATB from Central Duplicating |
| 16 | | 09/18/2007 | |
Received 6 copies of ATA from Central Duplicating |
| 17 | | 09/19/2007 | |
Affidavit of Service by Electronic Mail of AEB on opposing counsel |
| 18 | | 10/10/2007 | |
MOT. EXT/TIME APPELLEE BRIEF (E-FILED) |
| 19 | | 10/10/2007 | |
E-FILED MOTION (MAE) |
| 20 | | 10/10/2007 | |
ACTION BY CLERK (MAE). Granted: 11/13/2007 |
| 21 | | 11/14/2007 | |
APPELLEE BRIEF |
| 22 | | 11/14/2007 | |
E-FILED BRIEF (AEB) |
| 23 | | 11/15/2007 | |
Received $25 surcharge for AEB (Receipt #17913) |
| 24 | | 11/21/2007 | |
Received 7 copies of AEB from Central Duplicating |
| 25 | | 11/23/2007 | |
SITTING WITH THE COURT: Schmalenberger, Allan L. |
| 26 | | 11/27/2007 | |
MOT. EXT/TIME REPLY BRIEF & Affidavit in Support (E-filed) |
| 27 | | 11/27/2007 | |
E-FILED MOTION (Mot/Ext/RYB) |
| 28 | | 11/27/2007 | |
ACTION BY CLERK (MRY). Granted: 12/12/2007 |
| 29 | | 12/13/2007 | |
Letter dated December 13, 2007, from David C. Thompson that no Reply Brief will be filed |
| 30 | | 12/20/2007 | |
APPEARANCES: David C. Thompson; Douglas W. Gigler |
| 31 | | 12/20/2007 | |
ARGUED: Thompson; Gigler |
| 32 | | 12/20/2007 | |
ORAL ARGUMENT WEBCAST |
| 33 | | 04/23/2008 | |
DISPOSITION: REVERSED AND REMANDED |
| 34 | | 04/23/2008 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 35 | | 04/23/2008 | |
(CONCUR IN THE RESULT): Schmalenberger, Allan L.: CON/RES |
| 36 | | 04/23/2008 | |
Costs on appeal to be taxed under N.D.C.C. 65-10-03 |
| 37 | | 04/23/2008 | |
Judgment e-mailed to Parties |
| 38 | | 05/15/2008 | |
MANDATE |
| 39 | | 05/21/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |