Workforce Safety & Insurance v. Auck

20090223 Workforce Safety and Insurance,
and Bobcat Company Appellants
v.
Cynthia Auck, Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Donald L. Jorgensen
Nature of Action: Workers Compensation
Counsel:
Appellant: Lolita G Hartl Romanick , Spec. Asst. Atty. Gen.
Appellee: Irvin B. Nodland
Appellant: Leslie Bakken Oliver
Term: 12/2009   Argument: 12/03/2009  2:45pm
ND cite: 2010 ND 126
NW cite: 785 N.W.2d 186

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.The ALJ's order reversing WSI's denial of Worker's Compensation benefits, based on the conclusion of law that Auck's Heart attack was caused by pain induced stress is not in accord with the law.
II.The ALJ's Findings of Fact and Conclusions of Law are not supported by the preponderance of the evidence in that: a.The ALJ's findings of fact that Auck suffered stress greater than the highest level of stress normally experienced or anticipated in his line of work is not supported by the preponderance of the evidence. b.The ALJ's finding of fact that long-term chronic pain can cause a heart attack is not supported by the preponderance of the evidence. c.The ALJ's finding of fact that Auck's stress was caused by having to work with long term chronic pain is not supported by the preponderance of the evidence.
III.The ALJ's conclusions of law are not sustained by the findings of fact.
IV. The ALJ abused his discretion when weighing the credibility of the conflicting medical opinions.

Bobcat Company Issues
The preponderance of evidence does not support a finding that Richard Auck's death was the result of a heart attack or heart-related disease caused by mental stimulus
The Final Order Does Not Accord with the Law

Appellee's Statement of the Issues:
Cindy Auck filed for worker's compensation benefits claiming unusual stress at the Bobcat Company contributed to her husband's death. To establish benefits she must show unusual stress was at least a 50% contributing cause of her husband's death. (NDCC 65-01-02(10)(a)(3)) ALJ Allan Wahl, found she proved her case. District Judge Jorgenson affirmed

Add Docket 20090223 RSS Add Docket 20090223 RSS

Docket entries:
108/04/2009 NOTICE OF APPEAL: 08/03/2009
208/07/2009 DISK - TRA dated 1-22-08; 3-11-08; 3-25-08; & 5-19-08 (Adm. Agency Transcripts)(CD-ROM)
308/17/2009 Electronic copy of administrative transcripts provided by Ms. Romanick to Mr. Nodland & Ms. Oliver.
408/17/2009 Mr. Nodland and Ms. Oliver further agree no further copies needed.
508/19/2009 2nd Notice of Appeal - Bobcat Company
609/03/2009 RECORD ON APPEAL and Certificate of Record on Appeal of Workforce Safety & Insurance (11 Vol.
709/03/2009 including Transcripts dated Jan 22, 2008, March 11, 2008, May 19, 2008 & March 25, 2008)
809/03/2009 Not included in the Admin. Record was item #Item #741-E8.
909/09/2009 MOT. EXT/TIME APPELLANT BRIEF (FAXED)
1009/09/2009 E-FILED MOTION (MAT) FAXED
1109/09/2009 ACTION BY CLERK (MAT). Granted: 09/21/2009
1209/11/2009 APPELLANT BRIEF (WSI)
1309/11/2009 APPELLANT APPENDIX (WSI)
1409/14/2009 DISK-ATB (CD-ROM)
1509/15/2009 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
1609/21/2009 MOT. EXT/TIME APPELLANT BRIEF (e-mailed) Bobcat
1709/21/2009 ACTION BY CHIEF DEPUTY CLERK (MAT-BOBCAT). Granted: 09/23/2009
1809/16/2009 Received 8 copies of Revised TOC pg. 2 & NOA for ATA.
1909/23/2009 APPELLANT BRIEF-BOBCAT COMPANY
2009/30/2009 Corrected pages iii, iv, 3-8, 17 & 18 for ATB - Bobcat Co.
2109/30/2009 DISK - atb (Bobcat Company)
2210/05/2009 Supplemental Clerk's Certificate dated October 1, 2009 (Entry Nos. 42 & 43; not rec'd: 40 & 41)
2310/16/2009 MOT. EXT/TIME APPELLEE BRIEF (e-filed letter from Irvin Nodland)
2410/16/2009 E-FILED MOTION (MAE)
2510/16/2009 ACTION BY CLERK. Granted: 11/06/2009
2610/30/2009 Appellee's Motion to File Overlength Brief (E-filed)
2710/30/2009 E-FILED MOTION (Mot/File/Overlength/Brief)
2811/02/2009 ACTION BY ACTING CHIEF JUSTICE (Mot/File/Overlength/Brief). Denied
2911/05/2009 APPELLEE BRIEF
3011/05/2009 APPELLEE APPENDIX
3111/05/2009 DISK - AEB (e-mailed)
3211/16/2009 NOTICE OF ORAL ARGUMENT SENT
3311/18/2009 REPLY BRIEF of Appellant WSI
3411/19/2009 DISK (RYB of WSI) (CD ROM)
3511/24/2009 SITTING WITH THE COURT: Graff, Benny A.
3612/01/2009 Amended TOC for ATA & additional pages 182-204 for ATA
3712/01/2009 Corrected TOC for AEA
3812/03/2009 APPEARANCES: Lolita G. Hartl Romanick, Spec.Asst.Atty.Gen. & Leslie Bakken Oliver/Irvin B. Nodland
3912/03/2009 ARGUED: Romanick/Nodland
4012/03/2009 ORAL ARGUMENT WEBCAST
4107/02/2010 DISPOSITION: AFFIRMED
4207/02/2010 UNANIMOUS OPINION: Sandstrom, Dale V.
4307/02/2010 Costs and disbursements on this appeal to be taxed under N.D.C.C.  65-10-03.
4407/02/2010 Judgment Sent to Parties
4508/04/2010 MANDATE
4608/09/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/19/2014