Carlson v. Workforce Safety & Insurance
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| 20080250 |
Merwin Carlson, Claimant and Appellant
v.
Workforce Safety &
Insurance Appellee
and
GMR Transportation, Inc., Respondent and Appellee
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
|
Nature of Action: |
Workers Compensation
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| Counsel: |
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| Term: |
01/2009 Argument: 01/05/2009 10:45am
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| ND cite: |
2009 ND 87
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| NW cite: |
765 N.W.2d 691
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
A.Whether CARLSON's workers' compensation benefits should be reinstated because the representation of the employer, GMR Transportation, Inc., ("GMR") by attorneys not licensed in North Dakota rendered its request for reconsideration void?
B.Whether CARLSON's due process or other rights in his ongoing disability benefits were violated by the ex parte reconsideration process?
C.Whether CARLSON's due process or other rights were violated by the inadequate and untimely notice of the termination of his disability benefits?
D.Whether CARLSON was an employee of GMR for workers' compensation purposes?
E.Whether Workforce Safety and Insurance ("WSI") erred in calculating the weekly amount of CARLSON's disability benefits?
Appellee's Statement of the Issues:
1.Whether GMR's request for reconsideration from WSI's informal decision of October 3, 2006, was proper and could be considered by WSI.
2.Whether Carlson's due process rights were violated by reversal of the informal decision of October 3, 2006, and notice advising him of that decision.
3.Whether WSI could reasonably conclude that Carlson was an independent contractor and not an employee of GMR.
4.If Carlson is found to be an employee, whether WSI could reasonably determine Carlson's average weekly wage was $252.00 per week.
Appellee's Statement of the Issues:
1. Whether out-of-state counsel's submission of a request for reconsideration of WSI's October 3, 2006 decision was properly considered by WSI.
2. Whether WSI could reasonably determine that Carlson was an independent contractor and not an employee of GMR.
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| 1 | | 10/01/2008 | |
NOTICE OF APPEAL: 09/30/2008 |
| 2 | | 10/01/2008 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 3 | | 10/28/2008 | |
RECORD ON APPEAL including separates and Certificate of Record on Appeal to District Court (3 Vol.) |
| 4 | | 11/05/2008 | |
Affidavit of Richard A. Plewacki (for Appellee) |
| 5 | | 11/10/2008 | |
APPELLANT BRIEF |
| 6 | | 11/12/2008 | |
DISK - ATB |
| 7 | | 11/10/2008 | |
ADDENDUM TO APPELLANT'S BRIEF |
| 8 | | 11/10/2008 | |
APPELLANT APPENDIX |
| 9 | | 11/12/2008 | |
DISK-ATA |
| 10 | | 11/18/2008 | |
Received copies of docket sheet, judgment and Notice of Appeal for Appellant's Appendix |
| 11 | | 12/05/2008 | |
APPELLEE BRIEF (WSI)(e-filed) |
| 12 | | 12/05/2008 | |
E-FILED BRIEF (AEB) |
| 13 | | 12/05/2008 | |
APPELLEE APPENDIX (e-filed) |
| 14 | | 12/05/2008 | |
E-FILED APPENDIX (AEA) |
| 15 | | 12/09/2008 | |
Received $25 surcharge for AEB (Receipt #18645) |
| 16 | | 12/11/2008 | |
Received copies of AEB from Central Duplicating |
| 17 | | 12/12/2008 | |
Received copies of AEA from Central Duplicating |
| 18 | | 12/12/2008 | |
APPELLEE BRIEF of GMR Transportation (E-filed) (PDF) |
| 19 | | 12/12/2008 | |
E-FILED BRIEF (AEB of GMR Transportation) (PDF) |
| 20 | | 12/15/2008 | |
Received $25 surcharge for AEB of GMR (Receipt No. 18649) |
| 21 | | 12/16/2008 | |
JOINT MOTION FOR LEAVE TO PARTICIPATE AS AMICI CURIAE |
| 22 | | 12/16/2008 | |
ACTION BY CHIEF JUSTICE (JOINT MOT. FOR LEAVE TO PARTICIPATE AS AMICI CURIAE). Granted |
| 23 | | 12/16/2008 | |
AMICUS CURIAE BRIEF (this acb was replaced on 12-18-08) |
| 24 | | 12/18/2008 | |
Received 7 copies of AEB-GMR from Central Duplicating. |
| 25 | | 12/18/2008 | |
AMICUS CURIAE BRIEF (replaced ACB filed 12-16-08) |
| 26 | | 12/18/2008 | |
DISK of ACB (e-mailed) |
| 27 | | 12/19/2008 | |
REPLY BRIEF |
| 28 | | 12/19/2008 | |
DISK-RYB (CD-ROM) |
| 29 | | 12/22/2008 | |
MOTION TO STRIKE (Entitled "Appellant's Opposition to Motion and Brief of Amici Curiae") |
| 30 | | 12/23/2008 | |
SITTING WITH THE COURT: Romanick, Bruce A. |
| 31 | | 01/05/2009 | |
APPEARANCES: Bruce A. Schoenwald; Jacqueline S. Anderson; Timothy G. Richard |
| 32 | | 01/05/2009 | |
ARGUED: Schoenwald; Anderson; Richard |
| 33 | | 01/05/2009 | |
ORAL ARGUMENT WEBCAST |
| 34 | | 05/18/2009 | |
DISPOSITION: REVERSED AND REMANDED |
| 35 | | 05/18/2009 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 36 | | 05/18/2009 | |
Costs on appeal are awarded pursuant to N.D.C.C. 65-10-03. |
| 37 | | 05/22/2009 | |
Judgment e-mailed to Parties |
| 38 | | 06/09/2009 | |
MANDATE |
| 39 | | 06/12/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |