Bowman v. ND Workforce Safety and Insurance
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| 20070227 |
Terrance Bowman, Claimant and Appellant
v.
North Dakota Workforce Safety
and Insurance Fund, Appellee
and
Centurion Industries, Inc., Respondent
|
| Appeal from: |
District Court,
Southeast Judicial District,
Ransom County
Judge Daniel D. Narum |
|
Nature of Action: |
Administrative Proceeding
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| Counsel: |
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| Term: |
12/2007 Argument: 12/06/2007 01:30pm
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| ND cite: |
2007 ND 200
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| NW cite: |
742 N.W.2d 839
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Has Terrance Bowman shown, by the greater weight of the evidence, that he has sustained a compensable low-back injury under North Dakota law?
Appellee's Statement of the Issues:
1. Whether Bowman's Specification of Error on appeal failed to preserve a challenge to whether Bowman establish a "progressive injury" to his lumbar spine from his employment in North Dakota.
2. Whether Bowman may seek through a request for reconsideration from a Final Order on his 2004 claim for benefits for a progressive injury, additional benefits on a 1997 claim which is closed based on principles of res judicata.
3. Whether a reasoning mind could reasonably determine that Bowman failed to establish a compensable progressive injury to his lumbar spine based on employment in North Dakota.
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| 1 | | 08/15/2007 | |
NOTICE OF APPEAL: 08/13/2007 |
| 2 | | 09/10/2007 | |
RECORD ON APPEAL w/Separate (Entry No. 5 - WSI Record, 3 Volumes). |
| 3 | | 09/20/2007 | |
APPELLANT BRIEF |
| 4 | | 09/20/2007 | |
APPELLANT APPENDIX |
| 5 | | 09/20/2007 | |
DISK (ATB) |
| 6 | | 10/19/2007 | |
Electronic copy of Admin. Hearing TRA of 6-20-06 |
| 7 | | 10/19/2007 | |
DISK - TRA of Admin Hearing 6-20-07 |
| 8 | | 10/22/2007 | |
APPELLEE BRIEF (e-filed) |
| 9 | | 10/22/2007 | |
E-FILED BRIEF (AEB) |
| 10 | | 10/22/2007 | |
APPELLEE APPENDIX (e-filed) |
| 11 | | 10/22/2007 | |
E-FILED APPENDIX (AEA) |
| 12 | | 10/23/2007 | |
Received $25 surcharge for AEB (Receipt No. 17889) |
| 13 | | 10/26/2007 | |
Received copies of AEB from Central Duplicating |
| 14 | | 10/26/2007 | |
Received copies of AEA from Central Duplicating |
| 15 | | 11/08/2007 | |
Request to waive oral argument on behalf of the Appellant (letter form) |
| 16 | | 11/15/2007 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 17 | | 11/20/2007 | |
Request to waive oral argument on behalf of the Appellant. Granted |
| 18 | | 11/23/2007 | |
SITTING WITH THE COURT: Wefald, Robert O. |
| 19 | | 12/06/2007 | |
APPEARANCES: Waived under N.D.R.app.P. 34(f) on behalf of AT; Jacqueline S. Anderson |
| 20 | | 12/06/2007 | |
ARGUED: Anderson |
| 21 | | 12/06/2007 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 12/13/2007 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 23 | | 12/13/2007 | |
UNANIMOUS OPINION: Per Curiam |
| 24 | | 12/13/2007 | |
Costs on appeal taxed under N.D.C.C. 65-10-03 and allowed in the court below. |
| 25 | | 12/14/2007 | |
Judgment E-Mailed to Parties |
| 26 | | 01/08/2008 | |
MANDATE |
| 27 | | 01/11/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |