Carroll v. N.D. Workforce Safety & Insurance
v.
North Dakota Workforce
Safety & Insurance, Appellee
and
Baer's House of Quality, Respondent
Judge Gail H. Hagerty
| Appellant: | Larry Michel Baer | |
| Appellee: | Jacqueline Sue Anderson , Spec. Asst. Atty. Gen. |
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
A.Workforce Safety & Insurance may not make an order capping its financail responsibilities for the future health care needs of a permanently injured quadriplegic worker by stating: "WSI will not approve any future requests to increase the amount that we currently pay for your in-home health care staff."
B.The Regulations, Rules and Procedures as employed by Workforce Safety & Insurance in the instant case for "Binding Dispute Resolution" fail to comport to the minimal requirements of due process
1.The right to workforce safety insurance benefits, once awarded, is a right to which constitutional due process rights attach.
2.WSI has failed to publish adequate regulations, rules or procedures for the utilization of Binding Dispute Resolution (BDR).
C. Workforce Safety & Insurance has failed to construct an adequate record in the instant case for this Court to determine if WSI has complied with State Law or if there has been an abuse of its discretion.
D.WSI has failed to comply with its own regulations for the evaluation of the need for home nursing care and the skill level required for the care of an injured worker.
Appellee's Statement of the Issues:
1. Whether an adequate record has been compiled for judicial review.
2. Whether WSI's binding dispute resolution decision which denied hourly rate increases for two of Carroll's caregivers was an abuse of discretion.
3. Whether the binding dispute resolution process denied Carroll due process of law.
4. Whether Carroll's request for increase in the hourly rate paid to her caregivers was properly considered under WSI's managed care provisions.
Add Docket 20070219 RSS