Carlson v. Workforce Safety & Insurance

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
Counsel:
Appellant: Stefanson, Plambeck & Foss
Appellee: Jacqueline Sue Anderson , Spec. Asst. Atty. Gen.
Appellee: Serkland Law Firm
Appellee: Lawyer not licensed in N.D.
Amicus curiae: Vogel Law Firm
Term: 01/2009   Argument: 01/05/2009  10:45am
ND cite: 2009 ND 87
NW cite: 765 N.W.2d 691

Listen to recording of oral argument in MP3 format

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.
Add Docket 20080250 RSS Add Docket 20080250 RSS

Docket entries:
110/01/2008 NOTICE OF APPEAL: 09/30/2008
210/01/2008 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
310/28/2008 RECORD ON APPEAL including separates and Certificate of Record on Appeal to District Court (3 Vol.)
411/05/2008 Affidavit of Richard A. Plewacki (for Appellee)
511/10/2008 APPELLANT BRIEF
611/12/2008 DISK - ATB
711/10/2008 ADDENDUM TO APPELLANT'S BRIEF
811/10/2008 APPELLANT APPENDIX
911/12/2008 DISK-ATA
1011/18/2008 Received copies of docket sheet, judgment and Notice of Appeal for Appellant's Appendix
1112/05/2008 APPELLEE BRIEF (WSI)(e-filed)
1212/05/2008 E-FILED BRIEF (AEB)
1312/05/2008 APPELLEE APPENDIX (e-filed)
1412/05/2008 E-FILED APPENDIX (AEA)
1512/09/2008 Received $25 surcharge for AEB (Receipt #18645)
1612/11/2008 Received copies of AEB from Central Duplicating
1712/12/2008 Received copies of AEA from Central Duplicating
1812/12/2008 APPELLEE BRIEF of GMR Transportation (E-filed) (PDF)
1912/12/2008 E-FILED BRIEF (AEB of GMR Transportation) (PDF)
2012/15/2008 Received $25 surcharge for AEB of GMR (Receipt No. 18649)
2112/16/2008 JOINT MOTION FOR LEAVE TO PARTICIPATE AS AMICI CURIAE
2212/16/2008 ACTION BY CHIEF JUSTICE (JOINT MOT. FOR LEAVE TO PARTICIPATE AS AMICI CURIAE). Granted
2312/16/2008 AMICUS CURIAE BRIEF (this acb was replaced on 12-18-08)
2412/18/2008 Received 7 copies of AEB-GMR from Central Duplicating.
2512/18/2008 AMICUS CURIAE BRIEF (replaced ACB filed 12-16-08)
2612/18/2008 DISK of ACB (e-mailed)
2712/19/2008 REPLY BRIEF
2812/19/2008 DISK-RYB (CD-ROM)
2912/22/2008 MOTION TO STRIKE (Entitled "Appellant's Opposition to Motion and Brief of Amici Curiae")
3012/23/2008 SITTING WITH THE COURT: Romanick, Bruce A.
3101/05/2009 APPEARANCES: Bruce A. Schoenwald; Jacqueline S. Anderson; Timothy G. Richard
3201/05/2009 ARGUED: Schoenwald; Anderson; Richard
3301/05/2009 ORAL ARGUMENT WEBCAST
3405/18/2009 DISPOSITION: REVERSED AND REMANDED
3505/18/2009 UNANIMOUS OPINION: Sandstrom, Dale V.
3605/18/2009 Costs on appeal are awarded pursuant to N.D.C.C.  65-10-03.
3705/22/2009 Judgment e-mailed to Parties
3806/09/2009 MANDATE
3906/12/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/22/2014