Carlson v. Workforce Safety & Insurance
Merwin Carlson, Claimant and Appellant
Workforce Safety &
GMR Transportation, Inc., Respondent and Appellee
East Central Judicial District,
Judge Georgia Dawson
|Nature of Action:||Workers Compensation|
|Term:||01/2009  Argument: 01/05/2009|
|ND cite:||2009 ND 87|
765 N.W.2d 691
Listen to recording of oral argument in MP3 format
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|
|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|
|39||06/12/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|