Bergum v. ND Workforce Safety and Insurance
William Bergum, Claimant and Appellant
North Dakota Workforce
Safety and Insurance, Appellee
Development Homes, Inc., Respondent
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke
|Nature of Action:||Workers Compensation|
|Term:||10/2008  Argument: 10/14/2008 3:00pm|
|ND cite:||2009 ND 52|
764 N.W.2d 178
Listen to recording of oral argument in MP3 format
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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|1||04/25/2008||NOTICE OF APPEAL: 04/22/2008|
|2||04/25/2008||ANNOUNCED DISQUALIFICATION: Crothers, Daniel John|
|3||05/20/2008||RECORD ON APPEAL including separate 3(Administrative Record)|
|4||05/23/2008||DISK-tra(administrative hearing 3/13/08)|
|8||06/23/2008||MOT. EXT/TIME APPELLEE BRIEF (e-filed)|
|9||06/23/2008||E-FILED MOTION (MAE)|
|10||06/23/2008||ACTION BY CLERK. Granted: 08/01/2008|
|11||07/28/2008||APPELLEE BRIEF (e-filed)|
|12||07/28/2008||E-FILED BRIEF (AEB)|
|13||07/29/2008||Received $25 surcharge for AEB (Receipt No. 18193)|
|14||07/31/2008||Received 7 copies of AEB from Central Duplicating|
|15||09/30/2008||SITTING WITH THE COURT: Olson, Everett Nels|
|16||10/14/2008||APPEARANCES: Alice R. Senechal; Jacqueline S. Anderson, Special Assistant Attorney General|
|17||10/14/2008||ARGUED: Senechal; Anderson|
|18||10/14/2008||ORAL ARGUMENT WEBCAST|
|20||04/06/2009||UNANIMOUS OPINION: Maring, Mary Muehlen|
|21||04/06/2009||Costs & disbursements to be taxed under N.D.C.C. 65-10-03|
|22||04/07/2009||Judgment E-Mailed to Parties|
|24||05/13/2009||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|