Davenport v. WSI

20120449 Allen Davenport, Appellant
v.
Workforce Safety and Insurance Fund, Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge David E. Reich
Nature of Action: Workers Compensation
Counsel:
Appellant: Steven L. Latham
Appellee: Mitchell D. Armstrong , Spec. Asst. Atty. Gen.
Term: 04/2013   Argument: 04/10/2013  9:15am
ND cite: 2013 ND 118
NW cite: 833 N.W.2d 500

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Davenport's anxiety and depression is causally related to his work injuries.
2. Davenport's cervical spine, left shoulder and back issues continue to be related to his 2010 work injuries and continue to be compensable injuries under North Dakota law.


Appellee's Statement of the Issues:
I. Whether the administrative law judge could reasonably conclude that Davenport's anxiety and depression was not compensable.
II. Whether the administrative law judge could reasonably conclude Davenport was not entitled to continuing benefits for his cervical spine/left shoulder complaints.
III. Whether the administrative law judge could reasonably conclude Davenport's low back was not compensable.

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Docket entries:
112/28/2012 NOTICE OF APPEAL: 12/28/2012
212/28/2012 DISK - administrative hearing transcript dated January 17, 2012
302/06/2013 MOT. EXT/TIME APPELLANT BRIEF
402/06/2013 E-FILED MOTION
502/06/2013 ACTION BY CLERK. Granted: 02/15/2013
602/07/2013 ELEC. RECORD ON APPEAL DATED FEBRUARY 6, 2013 (ENTRY NOS. 1-44)
702/14/2013 APPELLANT BRIEF
802/24/2013 E-FILED BRIEF
902/14/2013 APPELLANT APPENDIX
1002/14/2013 E-FILED APPENDIX (pdf)
1102/14/2013 Rec.$25.00 e-filing surcharge for atb & $37.50 for copies of ata total $62.50(receipt #21696)
1203/01/2013 Received 7 copies of ATB from Central Duplicating
1303/01/2013 Received 6 copies of ATA from Central Duplicating
1403/18/2013 NOTICE OF ORAL ARGUMENT SENT
1503/18/2013 APPELLEE BRIEF (PDF)
1603/18/2013 E-FILED BRIEF (PDF)
1703/18/2013 APPELLEE APPENDIX
1803/18/2013 E-FILED APPENDIX
1903/19/2013 Rcv'd $25 surcharge for AEB
2003/20/2013 Rcv'd 7 copies of AEA from CSD
2103/20/2013 Rcv'd 6 copies of AEA from CSD
2204/10/2013 APPEARANCES: Steven L. Latham;Mitchell D. Armstrong
2304/10/2013 ARGUED: Steven L. Latham;Mitchell D. Armstrong
2404/10/2013 ORAL ARGUMENT WEBCAST
2507/18/2013 DISPOSITION: AFFIRMED
2607/18/2013 UNANIMOUS OPINION: Crothers, Daniel John
2707/18/2013 No costs will be taxed under N.D.C.C.  65-10-03
2807/19/2013 Judgment Sent to Parties
2908/26/2013 MANDATE

Generated from Supreme Court Docket on 09/19/2014