Bergum v. ND Workforce Safety and Insurance

20080097 William Bergum, Claimant and Appellant
v.
North Dakota Workforce
Safety and Insurance, Appellee
and
Development Homes, Inc., Respondent

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Lawrence E. Jahnke
Nature of Action: Workers Compensation
Counsel:
Appellant: Robert Vogel Law Office, P.C.
Appellee: Jacqueline Sue Anderson , Spec. Asst. Atty. Gen.
Term: 10/2008   Argument: 10/14/2008  3:00pm
ND cite: 2009 ND 52
NW cite: 764 N.W.2d 178

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.Whether Workforce Safety and Insurance erred in finding that a worker's increased pain, increased need for medical care, and increased need for medication did not constitute a substantial worsening or acceleration of a preexisting condition under North Dakota Century Code ' 65-01-02(10)(b)(7).
2.Whether Workforce Safety and Insurance improperly relied on the opinion of its examining physician when that physician assumed that an increase in symptoms was not a sufficient basis to find an injury compensable under North Dakota law.
3.Whether Workforce Safety and Insurance erred in not considering the worker's treating physician's opinion to be objective medical evidence when the physician's opinion was based on examination, medical history, and the physician's education and experience.

Appellee's Statement of the Issues:
1. Whether WSI could reasonably determine that Bergum did not establish a compensable injury because the January 6, 2006, work incident merely triggered symptoms in a preexisting condition.
2. In weighing conflicting medical opinions, whether the ALJ/WSI could give more weight to Dr. Gedan's opinion based on assessing the subject complaints of increased pain in conjunction with the objective findings rather than the increase in pain as noted by Dr. Gomez in determining whether there was a substantial acceleration of the progression of or substantial worsening of the severity of a preexisting condition under N.D.C.C.  65-01-02(10)(b)(7).

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Docket entries:
104/25/2008 NOTICE OF APPEAL: 04/22/2008
204/25/2008 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
305/20/2008 RECORD ON APPEAL including separate 3(Administrative Record)
405/23/2008 DISK-tra(administrative hearing 3/13/08)
505/30/2008 APPELLANT APPENDIX
606/01/2008 DISK-ATB (ELECTRONIC)
705/30/2008 APPELLANT BRIEF
806/23/2008 MOT. EXT/TIME APPELLEE BRIEF (e-filed)
906/23/2008 E-FILED MOTION (MAE)
1006/23/2008 ACTION BY CLERK. Granted: 08/01/2008
1107/28/2008 APPELLEE BRIEF (e-filed)
1207/28/2008 E-FILED BRIEF (AEB)
1307/29/2008 Received $25 surcharge for AEB (Receipt No. 18193)
1407/31/2008 Received 7 copies of AEB from Central Duplicating
1509/30/2008 SITTING WITH THE COURT: Olson, Everett Nels
1610/14/2008 APPEARANCES: Alice R. Senechal; Jacqueline S. Anderson, Special Assistant Attorney General
1710/14/2008 ARGUED: Senechal; Anderson
1810/14/2008 ORAL ARGUMENT WEBCAST
1904/06/2009 DISPOSITION: AFFIRMED
2004/06/2009 UNANIMOUS OPINION: Maring, Mary Muehlen
2104/06/2009 Costs & disbursements to be taxed under N.D.C.C. 65-10-03
2204/07/2009 Judgment E-Mailed to Parties
2305/04/2009 MANDATE
2405/13/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/22/2014