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 2:45pm

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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