Frith v. WSI

20130240 Roger Frith, Appellant
v.
North Dakota Workforce
Safety and Insurance, Appellee
and
DMI Industries, Inc., Respondent


Appeal from: District Court, East Central Judicial District, Cass County
Judge John Charles Irby
Nature of Action: Workers Compensation
Counsel:
Appellant: Pro se
Appellee: Jacqueline Sue Anderson
Term: 04/2014   Argument: 04/07/2014  1:30pm
ND cite: 2014 ND 93
NW cite: 845 N.W.2d 892

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Could a reasonable person with a reasoning mind conclude that Frith proved that his work injury is compensable ?
2. Work Restrictions
3. DMI Breech of Title 65
4. ALJ Anderson Erred when he discounted Dr. Fillmore's Opinion and opined "the unmistakable meaning" in Order App. Pg 265-277 & App. Pg 7and 11)
5. ND WSI by denying Frith access to benefits based on a Pre-existing condition has violated federal law by violation of the Affordable Care Act ( signed in to law March 23, 2010)
6. ND WSI failed to properly reconcile medical evidence and consider all 3 of my injuries and my employment activities.
7. Did ALJ Anderson properly consider all of the issues stated in the Specification of Issue ?
8. The District Court did not provide me with a Fair Hearing ?
9. The preponderance of the Medical Evidence shows that a Reasonable Person would conclude that Frith proved his work activities and injuries substantially worsened his condition.

Appellee's Statement of the Issues:
[1] In his Brief, Appellant has enumerated nine issues. However, most of the issues he raises can be subsumed within the issue of whether ALJ Anderson could reasonably conclude that Appellant failed to establish a compensable injury to his lumbar spine. The other issues raised by Appellant are whether he is entitled to an award of benefits based on any type of "breach" by the employer, whether the preexisting statute violates federal law, and whether he was provided a fair hearing before the District Court.

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Docket entries:
108/07/2013 NOTICE OF APPEAL: 08/07/2013
208/07/2013 Second Notice of Appeal
308/07/2013 ORDER FOR TRANSCRIPT: 08/07/2013
408/07/2013 Second Order for Transcript
508/12/2013 DISK-Transcript of Administrative Agency Hearing dated April 10, 2012 (e-mailed)
609/05/2013 ELEC. RECORD ON APPEAL DATED SEPTEMBER 4, 2013 (ENTRY NOS.1-502, 504-546)(item not sent: 503)
709/09/2013 MOTION FOR access to Odyssey
809/09/2013 E-FILED MOTION
909/09/2013 ACTION BY CHIEF JUSTICE. Denied
1009/12/2013 TRANSCRIPTS DATED SEPTEMBER 26, 2012 AND MARCH 12, 2013 & C.O.S.
1109/12/2013 DISK-Transcripts dated September 26, 2012 and March 12, 2013 (e-mailed)
1209/13/2013 ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 12, 2013 (ENTRY NOS. 547-549)
1310/02/2013 ELEC. SUPP. RECORD ON APPEAL DATED October 2, 2013 (ENTRY NOS. 550 - 552)
1410/04/2013 ELEC. SUPP. RECORD ON APPEAL DATED October 3, 2013 (ENTRY NOS. 553 - 554)
1510/07/2013 Rcv'd proof of service of transcripts on Mr. Stephenson
1610/07/2013 MOT. EXT/TIME APPELLANT BRIEF
1710/07/2013 ACTION BY CLERK. Granted: 11/21/2013
1810/12/2013 MOTION to Allow Subpoena and Affidavit into the Record
1910/12/2013 E-FILED MOTION
2010/15/2013 Received modified Certificate of Court Reporter for transcripts dated 9/26/12 & 3/12/13
2110/14/2013 ELEC. 4th SUPP. RECORD ON APPEAL DATED October 11, 2013 (ENTRY NOS. 555-559)
2210/18/2013 Response to Motion to Allow Subpoena and Affidavit into the Record
2310/18/2013 EFILED RESPONSE
2410/20/2013 Reply to Response to Motion
2510/20/2013 EFILED RESPONSE
2610/23/2013 ACTION BY SUPREME COURT (Motion to Allow Subpoena and Affidavit into the Record). Denied
2711/04/2013 MOTION FOR APPOINTMENT OF COUNSEL
2811/04/2013 E-FILED MOTION
2911/11/2013 MOTION to file audio recordings with the Supreme Court
3011/11/2013 E-FILED MOTION
3111/11/2013 MOTION to allow entry and consideration of the record of injury claim appeal 09-2012-CV-01586
3211/11/2013 (no. 20130286) into the record of 09-2012-CV-02069 on appeal as Sup. Ct. No. 20130240
3311/11/2013 E-FILED MOTION
3411/13/2013 ACTION BY SUPREME COURT (deny appt. of counsel). Denied
3511/13/2013 ACTION BY SUPREME COURT (deny compelling district court to file audio recordings). Denied
3611/14/2013 ELEC. SUPP. RECORD ON APPEAL DATED Nov. 13, 2013(ENTRY NOS. 560-565)
3711/18/2013 Response Filed by Appellee to Motion to Supplement the Record
3811/18/2013 EFILED RESPONSE
3911/19/2013 MOT. EXT/TIME APPELLANT BRIEF
4011/19/2013 E-FILED MOTION
4111/19/2013 ACTION BY CHIEF JUSTICE. Granted: 12/02/2013
4211/22/2013 ELEC. SUPP. RECORD ON APPEAL DATED Nov. 21, 2013 (ENTRY NOS.566-567 and sending 503)
4311/22/2013 Doc. 503 received from district court clerk
4411/27/2013 ACTION BY SUPREME COURT (motion of November 11). Denied
4512/08/2013 APPELLANT BRIEF
4612/08/2013 E-FILED BRIEF
4712/08/2013 APPELLANT APPENDIX
4812/08/2013 E-FILED APPENDIX
4912/12/2013 received 7 copies of ATB and 6 copies of ATA
5012/16/2013 received $4.00 surcharge for Motion and $319.50 surcharge for ATB and ATA (receipt #22536)
5112/30/2013 ELEC. SUPP. RECORD ON APPEAL DATED December 27, 2013 (ENTRY NOS. 568 - 569)
5201/09/2014 ANNOUNCED DISQUALIFICATION: McEvers, Lisa K. Fair
5301/07/2014 APPELLEE BRIEF
5401/07/2014 E-FILED BRIEF
5501/10/2014 received $25 surcharge for AEB (receipt #22569)
5601/13/2014 Received 7 copies of AEB from CSD
5701/09/2014 APPELLEE'S REQUEST TO CONTINUE ORAL ARGUMENT UNTIL MARCH 2014 TERM
5801/09/2014 E-FILED MOTION
5901/13/2014 ACTION BY CHIEF JUSTICE. Granted
6001/15/2014 APPELLANT'S REQUEST TO CONTINUE ORAL ARGUMENT UNTIL APRIL 2014 TERM
6101/15/2014 E-FILED MOTION
6201/15/2014 ACTION BY CHIEF JUSTICE. Granted
6303/18/2014 NOTICE OF ORAL ARGUMENT SENT
6403/20/2014 SITTING WITH THE COURT: Olson, Everett Nels
6504/07/2014 APPEARANCES: Roger Frith/Jacqueline Anderson
6604/07/2014 ARGUED: Frith/J. Anderson
6704/07/2014 ORAL ARGUMENT WEBCAST
6805/02/2014 DISPOSITION: AFFIRMED
6905/02/2014 UNANIMOUS OPINION: Sandstrom, Dale V.
7005/02/2014 no costs will be taxed on this appeal
7105/05/2014 Judgment Sent to Parties
7205/05/2014 MOTION FOR extension of word count limit to 5000 words for petition for rehearing
7305/05/2014 ACTION BY CHIEF JUSTICE (denied in part, granted ext, of 500 words for 2,500 total). Denied
7405/12/2014 MOTION FOR extension of word count limit to 4440 or less for petition for rehearing
7505/12/2014 E-FILED MOTION
7605/13/2014 ACTION BY CHIEF JUSTICE. Denied
7705/12/2014 Mot. Ext/Time Petition for Rehearing (included in word count extension request)
7805/13/2014 ACTION BY CHIEF JUSTICE. Granted: 06/02/2014
7906/02/2014 PETITION FOR REHEARING and Addendum
8006/02/2014 E-FILED BRIEF
8106/02/2014 Request for Additional Words for PER
8206/04/2014 ACTION BY CHIEF JUSTICE. Denied
8306/06/2014 Rcv'd 7 copies of PER from CSD
8406/26/2014 Denied Petition for Rehearing. Denied
8507/02/2014 MOTION FOR Stay of Mandate, Writ of Ceritorari or alternatively Writ of Supervision
8607/02/2014 E-FILED MOTION
8707/09/2014 ACTION BY SUPREME COURT. Denied
8807/10/2014 MANDATE
8907/14/2014 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
9009/29/2014 Notice of Filing Petition for Writ of Certiorari to U.S. Supreme Court

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