Parsons v. WSI

20130197

Warren Parsons, Appellant
v.
Workforce Safety and Insurance Fund, Appellee

Appeal from:

District Court, Northeast Judicial District, Ramsey County
Judge Donovan John Foughty

Nature of Action:

Counsel:

Appellant:		Dean J. Haas
Appellee:		Lolita G Hartl Romanick

Term:

10/2013 Argument: 10/01/2013

ND cite:

2013 ND 235

NW cite:

841 N.W.2d 404

Listen to recording of oral argument in MP3 format

Issues:

Appellant's Statement of the Issues:
1. Whether the ALJ's factual findings that Parsons sustained a work-related cervical strain and a microscopic tear to his discs resulting in discogenic and myofascial pain requires an award under the Act.
2. Whether the Act bars compensation for Parson's work-related disc tear as not morphologically or structurally "significant" as to be visualized on an MRI.
3. Whether the Act bars a claim for benefits because the work injury eventually resolves or cannot resolve because it combined with a preexisting condition to be of a longer duration than would otherwise be the case.
4. Whether the ALJ's finding that Parsons' preexisting asymptomatic degenerative disc disease made him vulnerable and susceptible to these injuries to the intervertebral discs in his cervical spine is a complete defense as a noncompensable natural progression of a preexisting condition under N.D.C.C. 65-01-02(10)(b)(7).
. 5. Whether Parsons' work injury that resulted in the above described physical injuries and chronic myofascial pain is compensable under N.D.C.C. 65-01-02(10)(b)(7) by acting on a preexisting susceptibility, or whether the work injury must be the sole cause of his damages.
6. Whether the ALJ has adequately addressed the substantial medical evidence favorable to Parsons.

Appellee's Statement of the Issues:
[1] Could reasonable minds have reasonably found Parsons failed to prove that he sustained a compensable injury?
[2] Did the Administrative Law Judge properly apply N.D.C.C. 65-01-02(10)(b)(7) in determining that Parsons's pre-existing Cervical degenerative disc disease was neither substantially worsened in severity nor substantially accelerated in progression?
[3] Did the Administrative Law Judge properly apply N.D.C.C. 65-05-08.3 when he determined that opinions of WSI's IME physician, Dr. Janssen were more credible and persuasive than those of Dr. Fleissner, the treating provider?
[4] Must Parsons's request for attorney's fees be denied because he has not established that WSI acted without substantial justification?

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Docket entries:

1		06/27/2013 NOTICE OF APPEAL: 06/27/2013
2		07/09/2013 DISK-Transcript of Administrative Agency Hearing dated March 6, 2012 (e-mailed)
3		07/18/2013 ELEC. RECORD ON APPEAL DATED July 18, 2013 (ENTRY NOS.1-38)(2012-CV-00145)
4		07/18/2013 ELEC. RECORD ON APPEAL DATED July 18, 2013 (ENTRY NOS.1-37)(2012-CV-00342)
5		08/06/2013 APPELLANT BRIEF (PDF) (2012-CV-00145)
6		08/06/2013 E-FILED BRIEF (PDF)
7		08/06/2013 APPELLANT APPENDIX
8		08/06/2013 E-FILED APPENDIX
9		08/09/2013 Rec'd $25 surcharge for the ATB & ATA (receipt #22007)
10		08/12/2013 AMENDED ELEC. RECORD ON APPEAL DATED August 12, 2013 (ENTRY NOS.1-39)
11		08/12/2013 Rec'd 2-Disc listed on event #16 from district court (sent by U.S.)
12		08/13/2013 Rec'd 7 copies of the ATB & 6 copies of the ATA
13		08/19/2013 ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 19, 2013 (ENTRY NOS. 40-41) (SENT BY U.S. MAIL #41)
14		08/21/2013 Rec'd Register of Actions record item #41 from district court
15		09/05/2013 APPELLEE BRIEF (PDF)
16		09/05/2013 E-FILED BRIEF (PDF)
17		09/05/2013 APPELLEE APPENDIX
18		09/05/2013 E-FILED APPENDIX
19		09/09/2013 Rcv'd 7 copies of AEB & 6 copies of AEA from CSD
20		09/09/2013 Rcv'd $25 surcharge for AEB (receipt #22208)
21		09/13/2013 NOTICE OF ORAL ARGUMENT SENT
22		09/18/2013 REPLY BRIEF (PDF)
23		09/18/2013 E-FILED BRIEF (PDF)
24		09/19/2013 Rcv'd 7 copies of RYB from CSD
25		10/13/2013 APPEARANCES: Dean J. Haas; Lolita G. Hartl Romanick
26		10/01/2013 ARGUED: Dean J. Haas; Lolita G. Hartl Romanick
27		10/01/2013 ORAL ARGUMENT WEBCAST
28		12/19/2013 DISPOSITION: REVERSED AND REMANDED
29		12/19/2013 SPLIT OPINION: Maring, Mary Muehlen
30		12/19/2013 DISSENT: Crothers, Daniel John: DISSENT
31		12/19/2013 DISSENT/JOIN: Sandstrom, Dale V.: JN/DIS
32		12/19/2013 Costs on appeal taxed in favor of Appellant
33		12/20/2013 Judgment Sent to Parties
34		01/16/2014 MANDATE
35		01/23/2014 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
36		02/19/2014 Corrected/Substitute Opinion Page - paragraph 20, page 9, line 5 after quotation

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