Bruder v. WSI

20080078 James Bruder, Claimant and Appellee
v.
North Dakota Workforce Safety
and Insurance Fund, Appellant
and
Hamm's Well Service, Inc., Respondent

Appeal from: District Court, Northeast Judicial District, Renville County
Judge Michael G. Sturdevant
Nature of Action: Workers Compensation
Counsel:
Appellant: Jacqueline Sue Anderson , Spec. Asst. Atty. Gen.
Appellee: Dietz & Little Lawyers
Term: 09/2008   Argument: 09/30/2008  1:30pm
ND cite: 2009 ND 23
NW cite: 761 N.W.2d 588

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.Whether WSI could reasonably conclude that Bruder failed to establish a compensable injury to his low back.
2.Whether the District Court erred in awarding Bruder attorney's fees and costs under N.D.C.C.  28-32-50(1).

Appellee's Statement of the Issues:
A. Has James Bruder shown, by the greater weight of the objective medical evidence, that his low back and leg condition are substantially the result of his work activities of many years as an oilfield worker?
B. Did the District Court properly award attorney's fees under N.D.C.C., Section 28-32-50(1)?

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Docket entries:
103/28/2008 NOTICE OF APPEAL: 03/26/2008
203/28/2008 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
304/24/2008 DISK - Admin Hearing Transcript dated 4-25-07
404/28/2008 RECORD ON APPEAL including the Certificate of Record on Appeal of ND Workforce Safety & Insurance
504/28/2008 Fund (which includes Administrative Hearing Transcript dated 4-25-07)
604/30/2008 APPELLANT BRIEF (e-filed)
704/30/2008 E-FILED BRIEF (ATB)
804/30/2008 APPELLANT APPENDIX (PDF)
904/30/2008 E-FILED APPENDIX (ATA) PDF
1004/30/2008 DISK - TRA of hearing dated April 25, 2007 (e-mailed)
1105/01/2008 Received $25 surcharge for ATB (Receipt #18090).
1205/06/2008 Received additional $1.50 surcharge for appendix.
1305/06/2008 Received 7 copies of ATB from Central Duplicating
1405/06/2008 Received 6 copies of ATA from Central Duplicating
1505/23/2008 APPELLEE BRIEF
1605/23/2008 APPELLEE APPENDIX
1706/02/2008 DISK - AEB (In Wordstar; by e-mail)
1806/05/2008 Corrected Table of Authorities and page 8 for Appellee's Brief
1906/10/2008 Reset due date for RYB due to late filing of RYB
2006/10/2008 ACTION BY CHIEF DEPUTY CLERK (reset due date for RYB due to late filing of RYB). Granted: 06/10/2008
2106/10/2008 REPLY BRIEF (e-filed)
2206/10/2008 E-FILED BRIEF (RYB)
2306/10/2008 Affidavit of Service of RYB
2406/18/2008 Received copies of Reply Brief from Central Duplicating Services
2508/18/2008 SITTING WITH THE COURT: McLees, William W.
2609/30/2008 Request to waive oral argument on behalf of Appellee due to attorney's illness
2709/30/2008 ACTION BY SUPREME COURT (waiver/AE). Granted
2809/30/2008 APPEARANCES: Jacqueline S. Anderson; submitted on brief under NDRAppP 34(f) on behalf of AE
2909/30/2008 ARGUED: Anderson
3009/30/2008 ORAL ARGUMENT WEBCAST
3102/06/2009 DISPOSITION: REVERSED
3202/06/2009 UNANIMOUS OPINION: Sandstrom, Dale V.
3302/06/2009 Costs on appeal taxed under N.D.C.C.  65-10-03
3402/06/2009 Order/Judgment E-Mailed to Parties
3503/02/2009 MANDATE
3603/05/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/21/2014