Reopelle v. Workforce Safety and Insurance
|
| 20070240 |
Annie M. Reopelle, Claimant and Appellee
v.
Workforce Safety and Insurance, Appellant
and
The City of Fargo, Respondent
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Steven L. Marquart |
|
Nature of Action: |
Workers Compensation
|
| Counsel: |
|
| Term: |
12/2007 Argument: 12/06/2007 10:45am
|
| ND cite: |
2008 ND 98
|
| NW cite: |
748 N.W.2d 722
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
1. Does application of the five year limitation on partial disability benefits in N.D.C.C. 65-05-10(2), enacted in 1991 to Reopelle's claim abrogate a vested right?
2. Assuming the five year limitation on partial disability benefits applies to Reopelle's claim, is she entitled to further partial disability benefits?
Appellee's Statement of the Issues:
1. Does the language of N.D.C.C 65-05-10 (2) [post-1991 version] allow it to be applied to a claimant who has suffered a disabling work related injury and who was accepted for benefits prior to the date the pertinent language was first enacted?
2. Does Appellee Annie Reopelle have a vested right to partial disability payments under N.D.C.C. 65-05-10 [1989 version] that cannot be taken away by retroactive legislation?
3. Is N.D.C.C. 65-05-08 a distinct and separate statutory source for payment of disability benefits for work related injuries and does this statute require benefits to be paid for the entire period of the disability?
4. Is Annie Reopelle entitled to her attorney fees and costs in this appeal even if she does not prevail under N.D.C.C. 65-10-03 [1989 through 1993 version]?
|
|
 Add Docket 20070240 RSS
|
| 1 | | 08/22/2007 | |
NOTICE OF APPEAL: 08/21/2007 |
| 2 | | 09/21/2007 | |
RECORD ON APPEAL & Record from Workforce Safety and Insurance |
| 3 | | 08/22/2007 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 4 | | 09/28/2007 | |
APPELLANT BRIEF (e-filed) |
| 5 | | 09/28/2007 | |
E-FILED BRIEF (ATB) |
| 6 | | 09/28/2007 | |
APPELLANT APPENDIX (e-filed) |
| 7 | | 09/28/2007 | |
E-FILED APPENDIX (ATA) |
| 8 | | 09/28/2007 | |
Affidavit of Service by Mail dated of ATB on counsel |
| 9 | | 10/01/2007 | |
Affidavit of Service by Mail dated 10-1-07 of corrected TOC on counsel |
| 10 | | 10/01/2007 | |
Received $44.00 surcharge & additional fee for ATA (Receipt 17859) |
| 11 | | 10/03/2007 | |
Received $1.50 as additional surcharge for ATA (Receipt #17862) |
| 12 | | 10/04/2007 | |
Received 7 copies of ATB from Central Duplicating |
| 13 | | 10/04/2007 | |
Received 6 copies of ATA from Central Duplicating |
| 14 | | 10/17/2007 | |
APPELLEE BRIEF |
| 15 | | 10/17/2007 | |
Addendum to AEB |
| 16 | | 10/18/2007 | |
DISK (AEB) |
| 17 | | 11/05/2007 | |
REPLY BRIEF |
| 18 | | 11/05/2007 | |
E-FILED BRIEF (RYB) |
| 19 | | 11/13/2007 | |
Received 7 copies of RYB from Central Duplicating. |
| 20 | | 11/23/2007 | |
SITTING WITH THE COURT: Wefald, Robert O. |
| 21 | | 12/06/2007 | |
APPEARANCES: Jacqueline S. Anderson; David A. Garaas |
| 22 | | 12/06/2007 | |
ARGUED: Anderson; Garaas |
| 23 | | 12/06/2007 | |
ORAL ARGUMENT WEBCAST |
| 24 | | 05/15/2008 | |
DISPOSITION: AFFIRMED |
| 25 | | 05/15/2008 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 26 | | 05/15/2008 | |
Costs on appeal taxed under N.D.C.C. 65-10-03 |
| 27 | | 05/16/2008 | |
Judgment E-Mailed &Mailed to Parties |
| 28 | | 06/06/2008 | |
MANDATE |
| 29 | | 06/10/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |