Albright v. WSI

20120298 Brenda Albright, Claimant and Appellee
v.
North Dakota Workforce Safety &
Insurance, Appellant
and
Smurfit-Stone Container Corporation, Respondent

Appeal from: District Court, East Central Judicial District, Cass County
Judge Wickham Corwin
Nature of Action: Workers Compensation
Counsel:
Appellee: Mark G. Schneider
Appellant: Douglas W. Gigler , Spec. Asst. Atty. Gen.
Appellee: McLain Joseph Schneider
Term: 11/2012   Argument: 11/28/2012  2:45pm
ND cite: 2013 ND 97
NW cite: 833 N.W.2d 1

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Issues: Appellant's Statement of the Issues:
Whether ALJ Allen/WSI could have reasonably concluded, based on the weight of the evidence, that Albright did not prove that she suffered a compensable injury to her lumbar spine on June 8, 2010?

Supplemental Brief of Appellant Statement of Issues<\b>
Whether the District Court abused its discretion in determining that WSI acted without substantial justification in denying Albright's claim for benefits and awarding attorney's fees under N.D.C.C.  28-32-50?

Appellee's Statement of the Issues:
A. Did WSI establish that the opinions of Albright's treating doctors are not entitled to the statutory presumption of controlling weight under N.D.C.C.  65-05-08.3?
B. Could a reasoning mind reasonably conclude Albright failed to prove either that her work was a substantial contributing factor to her degenerative disc disease or that her degenerative disc disease was substantially worsened by her work-related disc herniation of June 8, 2010?

Supplemental Brief of Appellee Statement of Issues<\b>
Did the district court abuse its discretion in concluding that WSI did not meet its burden of showing its position to be "substantially justified" (N.D.C.C.  28-32-50(1))?

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Docket entries:
107/25/2012 NOTICE OF APPEAL: 07/25/2012
208/01/2012 DISK-TRA (Administrative Agency Hearing Dated 08/19/11) e-mailed
308/28/2012 ELEC. RECORD ON APPEAL DATED August 27, 2012 (ENTRY NOS.1-94)
408/30/2012 APPELLANT BRIEF
508/30/2012 E-FILED BRIEF
608/30/2012 APPELLANT APPENDIX
708/30/2012 E-FILED APPENDIX
808/30/2012 Received $25 surcharge for ATB and $76 surcharge for ATA (Receipt #21483)
909/04/2012 Received nonsubstantive changes to Appellant's Appendix
1009/07/2012 Received 7 copies of ATB from CSD
1109/07/2012 Received 6 copies of ATA from CSD
1209/07/2012 AMENDED ELEC. RECORD ON APPEAL DATED September 6, 2012 (ENTRY NOS. 1 - 198)
1309/10/2012 ELEC.1st SUPP. RECORD ON APPEAL DATED SEPTEMBER 7, 2012 (ENTRY NOS.199 & 200)
1409/12/2012 ELEC.2nd SUPP. RECORD ON APPEAL DATED 9/11/2012 (ENTRY NOS.201-203)
1509/18/2012 ELEC. 3rd SUPP. RECORD ON APPEAL DATED September 17, 2012 (ENTRY NOS. 204 - 205)
1610/01/2012 APPELLEE BRIEF & Addendum
1710/01/2012 E-FILED BRIEF
1810/01/2012 Appellee's Motion for N.D.C.C. 28-32-50 Attorney's Fees, with Brief in Support. RspDue: 10/12/2012
1910/01/2012 E-FILED MOTION
2010/03/2012 Rec'd $25 surcharge for AEB (Receipt #21528)
2110/04/2012 Rec'd 7 copies of AEB from CSD
2210/04/2012 4th ELEC. SUPP. RECORD ON APPEAL DATED October 3, 2012(ENTRY NOS. 206-207)
2310/09/2012 5th ELEC. SUPP. RECORD ON APPEAL DATED October 8, 2012 (ENTRY NOS. 208-212)
2410/12/2012 6th ELEC. SUPP. RECORD ON APPEAL DATED October 11, 2012(ENTRY NOS. 213-217)
2510/15/2012 WSI's Response to Motion for N.D.C.C. 28-32-50 Attorney's Fees
2610/15/2012 REPLY BRIEF
2710/15/2012 E-FILED BRIEF
2810/15/2012 Received 7 copies of RYB from CSD
2910/17/2012 7th ELEC. SUPP. RECORD ON APPEAL DATED October 16, 2012 (ENTRY NOS. 219-224). Entry #218 deleted
3010/17/2012 Second NOTICE OF APPEAL: 10/16/2012
3110/18/2012 NOTICE OF ORAL ARGUMENT SENT
3210/18/2012 Joint Motion to Consolidate Appeals and establish a briefing schedule
3310/18/2012 E-FILED MOTION
3410/19/2012 ACTION BY CHIEF JUSTICE. Granted
3510/18/2012 MOT. EXT/TIME APPELLANT BRIEF (supplemental brief)
3610/19/2012 ACTION BY CHIEF JUSTICE. Granted: 11/01/2012
3710/18/2012 MOT. EXT/TIME APPELLEE BRIEF (supplemental brief)
3810/19/2012 ACTION BY CHIEF JUSTICE. Granted: 11/15/2012
3910/18/2012 MOT. EXT/TIME REPLY BRIEF
4010/19/2012 ACTION BY CHIEF JUSTICE. Granted: 11/20/2012
4110/19/2012 Appellee's Reply to Motion for N.D.C.C. 28-32-50 Attorney's Fees
4211/02/2012 MOT. EXT/TIME APPELLANT BRIEF
4311/02/2012 ACTION BY CLERK. Granted: 11/02/2012
4411/02/2012 Supplemental APPELLANT BRIEF
4511/02/2012 E-FILED BRIEF
4611/02/2012 Supplemental APPELLANT APPENDIX
4711/02/2012 E-FILED APPENDIX
4811/02/2012 Received 7 copies of ATB from CSD
4911/02/2012 Received 6 copies of ATA from CSD
5011/15/2012 Supplemental APPELLEE BRIEF and Addendum
5111/15/2012 E-FILED BRIEF
5211/15/2012 Supplemental APPELLEE APPENDIX
5311/15/2012 E-FILED APPENDIX
5411/16/2012 Made 7 copies of Supplemental AEB
5511/16/2012 Made 6 copies of Supplemental AEA
5611/28/2012 APPEARANCES: Douglas W. Gigler; Mark G. Schneider; Mac Schneider
5711/28/2012 ARGUED: Douglas W. Gigler; Mark G. Schneider; Mac Schneider
5806/19/2013 ACTION BY SUPREME COURT (motion for attorney's fees). Denied
5906/19/2013 DISPOSITION (AND REINSTATED): REVERSED
6006/19/2013 UNANIMOUS OPINION: Kapsner, Carol Ronning
6106/19/2013 CONCUR IN THE RESULT: Sandstrom, Dale V.: CONCUR
6206/19/2013 No costs taxed on appeal taxed N.D.C.C.65-10-03
6306/20/2013 Judgment Sent to Parties
6407/25/2013 MANDATE

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