Johnson v. WSI

20110262 Robert Johnson, Appellant
v.
North Dakota Workforce
Safety and Insurance Fund, Appellee
and
Agri Cover, Inc., Respondent

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge John T. Paulson
Nature of Action: Workers Compensation
Counsel:
Appellee: Shanon Marie Gregor , Spec. Asst. Atty. Gen.
Appellant: Steven L. Latham
Term: 01/2012   Argument: 01/19/2012  2:45pm
ND cite: 2012 ND 87
NW cite: 816 N.W.2d 74

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
[1] Johnson's Right Shoulder Pain is Causally Related to his Work Injury, Specifically his Activities in Typing and Keyboarding.
[2] WSI Failed to Establish that Johnson has a Retained Earnings Capacity.

Appellee's Statement of the Issues:
I. Whether a reasoning mind could determine that Robert Johnson ("Johnson") did not sustain a substantial worsening of the severity or substantial acceleration in the progression of an underlying preexisting condition?
II. Whether ALJ Bailey's conclusion that Johnson has a retained earnings capacity of $290.00 per week is supported by a reasonable interpretation of the evidence?

Add Docket 20110262 RSS Add Docket 20110262 RSS

Docket entries:
109/12/2011 NOTICE OF APPEAL: 09/09/2011
209/12/2011 No Transcript on Appeal
309/14/2011 DISK - Transcript of Administrative Agency Transcript dated 4/23/11
410/19/2011 MOT. EXT/TIME APPELLANT BRIEF
510/19/2011 E-FILED MOTION (MAT)
610/19/2011 ACTION BY SUPREME COURT (MAT). Granted: 11/02/2011
710/11/2011 ELECTRONIC RECORD ON APPEAL (entry nos. 1 - 31) (no entry for docket nos. 5, 18, 27, & 28)
811/02/2011 APPELLANT BRIEF (e-filed)
911/02/2011 E-FILED BRIEF (ATB)
1011/02/2011 APPELLANT APPENDIX (e-filed)
1111/02/2011 E-FILED APPENDIX (ATA)
1211/03/2011 Received $25 surcharge for ATB (Receipt #20731)
1311/07/2011 Received 7 copies of ATB from CSD
1411/07/2011 Received 6 copies of ATA from CSD
1512/05/2011 APPELLEE BRIEF (e-filed)
1612/05/2011 E-FILED BRIEF (AEB)
1712/06/2011 Received $25 surcharge for AEB (Receipt #20775)
1812/08/2011 Received 7 copies of AEB from CSD
1912/15/2011 NOTICE OF ORAL ARGUMENT SENT
2001/19/2012 APPEARANCES: Steven L. Latham/Shanon M. Gregor
2101/19/2012 ARGUED: Latham/Gregor
2201/19/2012 ORAL ARGUMENT WEBCAST
2305/03/2012 DISPOSITION: AFFIRMED
2405/03/2012 UNANIMOUS OPINION: Maring, Mary Muehlen
2505/03/2012 No costs will be taxed on this appeal, under N.D.C.C.  65-10-03
2605/04/2012 Judgment Sent to Parties
2706/01/2012 MANDATE

Generated from Supreme Court Docket on 10/24/2014