Mickelson v. Workforce Safety and Insurance
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| 20110232 |
James Mickelson, Appellant
v.
North Dakota Workforce
Safety and Insurance, Appellee
and
Gratech Company, Ltd., Respondent
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| Appeal from: |
District Court,
South Central Judicial District,
McLean County
Judge Bruce A. Romanick |
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Nature of Action: |
Workers Compensation
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| Counsel: |
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| Term: |
12/2011 Argument: 12/05/2011 10:45am
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| ND cite: |
2012 ND 164
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| NW cite: |
820 N.W.2d 333
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 08/12/2011 | |
NOTICE OF APPEAL: 08/10/2011 |
| 2 | | 08/12/2011 | |
No Transcript on Appeal |
| 3 | | 08/15/2011 | |
DISK - Adm. Hrg Transcript dated September 2, 2010 |
| 4 | | 09/16/2011 | |
ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-24). |
| 5 | | 09/19/2011 | |
APPELLANT BRIEF (e-filed) PDF |
| 6 | | 09/19/2011 | |
E-FILED BRIEF (PDF) |
| 7 | | 09/19/2011 | |
APPELLANT APPENDIX (e-filed) |
| 8 | | 09/19/2011 | |
E-FILED APPENDIX (ATA) |
| 9 | | 09/20/2011 | |
Received $25 e-filing surcharge for ATB (Receipt #20672). |
| 10 | | 09/22/2011 | |
Received 7 copies of ATB from Central Duplicating. |
| 11 | | 09/22/2011 | |
Received 6 copies of ATA from Central Duplicating. |
| 12 | | 10/14/2011 | |
APPELLEE BRIEF (e-filed) |
| 13 | | 10/14/2011 | |
E-FILED BRIEF (AEB) |
| 14 | | 10/14/2011 | |
APPELLEE APPENDIX (e-filed) |
| 15 | | 10/14/2011 | |
E-FILED APPENDIX (AEA) |
| 16 | | 10/17/2011 | |
RECEIVED $25 E-FILING SURCHARGE FOR AEB (RECEIPT #20712). |
| 17 | | 10/19/2011 | |
Received 7 copies of AEB from Central Duplicating. |
| 18 | | 10/19/2011 | |
Received 6 copies of AEA from Central Duplicating. |
| 19 | | 10/27/2011 | |
REPLY BRIEF (e-filed) PDF |
| 20 | | 10/27/2011 | |
E-FILED BRIEF (RYB) PDF |
| 21 | | 10/28/2011 | |
Received 7 copies of RYB from Central Duplicating. |
| 22 | | 11/16/2011 | |
NOTICE OF ORAL ARGUMENT SENT |
| 23 | | 12/05/2011 | |
APPEARANCES: Dean J. Haas/Jacqueline S. Anderson |
| 24 | | 12/05/2011 | |
ARGUED: Haas/Anderson |
| 25 | | 12/05/2011 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 08/16/2012 | |
DISPOSITION: REVERSED AND REMANDED |
| 27 | | 08/16/2012 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 28 | | 08/16/2012 | |
CONCURRING SPECIALLY: VandeWalle, Gerald W.: CONCUR |
| 29 | | 08/16/2012 | |
CONCURRING IN PART AND DISSENTING IN PART: Crothers, Daniel John: CON/RES |
| 30 | | 08/16/2012 | |
JOINING IN THE CONCURRING IN PART AND DISSENTING IN PART: Sandstrom, Dale V.: JN/CON |
| 31 | | 08/16/2012 | |
Cost on appeal taxed in favor of Appellant under N.D.C.C. 65-10-03. |
| 32 | | 08/17/2012 | |
Judgment Sent to Parties |
| 33 | | 09/07/2012 | |
MANDATE |