Mickelson v. Workforce Safety and Insurance

20110232 James Mickelson, Appellant
v.
North Dakota Workforce
Safety and Insurance, Appellee
and
Gratech Company, Ltd., Respondent

Appeal from: District Court, South Central Judicial District, McLean County
Judge Bruce A. Romanick
Nature of Action: Workers Compensation
Counsel:
Appellant: Dean J. Haas
Appellee: Jacqueline Sue Anderson , Spec. Asst. Atty. Gen.
Term: 12/2011   Argument: 12/05/2011  10:45am
ND cite: 2012 ND 164
NW cite: 820 N.W.2d 333

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
[1] Whether Mickelson's degenerative disc disease is compensable under the Act, given the findings by WSI that Mickelson's degenerative disc disease was asymptomatic prior to his repetitive employment injury, and his back pain worsened by his employment.
[2] Whether Mickelson sustained a compensable soft tissue injury to the low back and pelvis.
[3] Whether the ALJ provided adequate reasons for rejecting evidence favorable to Mickelson, and whether the ALJ appropriately deferred to his treating doctors opinions.
[4] Whether Mickelson's failure to provide notice to the employer of his repetitive injury within seven days of his first doctor's visit provides grounds to deny that Mickelson sustained a compensable injury.

Appellee's Statement of the Issues:
1.Whether the Administrative Law Judge properly applied N.D.C.C.  65-01-02(10)(b)(7) to determine compensability of Mickelson's claim.
2.Whether the Administrative Law Judge could reasonably determine that Mickelson failed to establish a compensable injury to his lumbar spine.
3.Whether the Administrative Law Judge could reasonably determine that it was proper to consider Mickelson's failure to notify the employer of the general nature of his injury under N.D.C.C.  65-05-01.2.

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Docket entries:
108/12/2011 NOTICE OF APPEAL: 08/10/2011
208/12/2011 No Transcript on Appeal
308/15/2011 DISK - Adm. Hrg Transcript dated September 2, 2010
409/16/2011 ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-24).
509/19/2011 APPELLANT BRIEF (e-filed) PDF
609/19/2011 E-FILED BRIEF (PDF)
709/19/2011 APPELLANT APPENDIX (e-filed)
809/19/2011 E-FILED APPENDIX (ATA)
909/20/2011 Received $25 e-filing surcharge for ATB (Receipt #20672).
1009/22/2011 Received 7 copies of ATB from Central Duplicating.
1109/22/2011 Received 6 copies of ATA from Central Duplicating.
1210/14/2011 APPELLEE BRIEF (e-filed)
1310/14/2011 E-FILED BRIEF (AEB)
1410/14/2011 APPELLEE APPENDIX (e-filed)
1510/14/2011 E-FILED APPENDIX (AEA)
1610/17/2011 RECEIVED $25 E-FILING SURCHARGE FOR AEB (RECEIPT #20712).
1710/19/2011 Received 7 copies of AEB from Central Duplicating.
1810/19/2011 Received 6 copies of AEA from Central Duplicating.
1910/27/2011 REPLY BRIEF (e-filed) PDF
2010/27/2011 E-FILED BRIEF (RYB) PDF
2110/28/2011 Received 7 copies of RYB from Central Duplicating.
2211/16/2011 NOTICE OF ORAL ARGUMENT SENT
2312/05/2011 APPEARANCES: Dean J. Haas/Jacqueline S. Anderson
2412/05/2011 ARGUED: Haas/Anderson
2512/05/2011 ORAL ARGUMENT WEBCAST
2608/16/2012 DISPOSITION: REVERSED AND REMANDED
2708/16/2012 SPLIT OPINION: Kapsner, Carol Ronning
2808/16/2012 CONCURRING SPECIALLY: VandeWalle, Gerald W.: CONCUR
2908/16/2012 CONCURRING IN PART AND DISSENTING IN PART: Crothers, Daniel John: CON/RES
3008/16/2012 JOINING IN THE CONCURRING IN PART AND DISSENTING IN PART: Sandstrom, Dale V.: JN/CON
3108/16/2012 Cost on appeal taxed in favor of Appellant under N.D.C.C. 65-10-03.
3208/17/2012 Judgment Sent to Parties
3309/07/2012 MANDATE

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