Elshaug v. ND Workers Comp. Bur.
|
| 990286 |
Rosella Elshaug, Claimant and Appellee
v.
North Dakota Workers
Compensation Bureau, Appellant
and
Ashley Medical Center, Respondent
|
| Appeal from: |
District Court,
South Central Judicial District,
McIntosh County
Judge Robert O. Wefald |
|
Nature of Action: |
Workers Compensation
|
| Counsel: |
|
| Term: |
01/2000 Argument: 01/13/2000 09:30am
|
| ND cite: |
2000 ND 42
|
| NW cite: |
607 N.W.2d 568
|
|
|
| Issues: |
Appellant's Statement of the Issues:
1) Could a reasoning mind reasonably have determined, based on a preponderance of the evidence, that as of June 25, 1997, Elshaug did not continue to suffer symptoms from her work injury of November 4, 1996?
2) Was the Bureau's conclusion of law that as of June 25, 1997, Claimant was not entitled to further benefits for the work injury of November 4, 1996, supported by its findings of fact?
3) Could a reasoning mind reasonably have determined, based on a preponderance of the evidence, that Elshaug did not establish a significant change in her medical condition after June 25, 1997, that was attributable to the work injury of November 4,
1996?
4) Did the District Court err as a matter of law in making independent findings of fact and substituting its judgment for that of the Bureau?
Appellee's Statement of the Issues:
I. Did the Bureau fail to provide Rosella Elshaug with fair adjudication of her claim?
II. Has Rosella Elshaug established her entitlement to further medical and disability benefits?
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 Add Docket 990286 RSS
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| 1 | | 09/24/1999 | |
NOTICE OF APPEAL: 09/23/1999 |
| 2 | | 10/04/1999 | |
Letter from Leo F.J. Wilking dated 10-1-99 w/attached copy of his letter to clerk RE: no transcript |
| 3 | | 10/04/1999 | |
on appeal will be filed and no filing fee is required. |
| 4 | | 10/15/1999 | |
RECORD ON APPEAL (separates 19(ROA from Workers Comp.-page 180 blank & no 436)) |
| 5 | | 10/15/1999 | |
Not rec'd - entry 20 (judge assignment) |
| 6 | | 11/02/1999 | |
DISK - Administrative TRA of 6-11-98 |
| 7 | | 10/29/1999 | |
Ltr from Linda Rohrbach Clk of Ct dtd Oct. 28, 99, re ROA Entries (Attached to ROA per PM) |
| 8 | | 11/02/1999 | |
APPELLANT BRIEF |
| 9 | | 11/02/1999 | |
APPELLANT APPENDIX |
| 10 | | 11/02/1999 | |
DISK - ATB |
| 11 | | 11/24/1999 | |
APPELLEE BRIEF |
| 12 | | 11/24/1999 | |
APPELLEE APPENDIX |
| 13 | | 11/30/1999 | |
DISK - AEB |
| 14 | | 12/13/1999 | |
REPLY BRIEF |
| 15 | | 12/15/1999 | |
DISK - RYB |
| 16 | | 01/13/2000 | |
APPEARANCES: Leo F.J. Wilking; Stephen D. Little |
| 17 | | 01/13/2000 | |
ARGUED: Wilking; Little (Vol. W; page 217) |
| 18 | | 03/21/2000 | |
DISPOSITION: AFFIRMED/PT, REVERSED/PT |
| 19 | | 03/21/2000 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 20 | | 03/21/2000 | |
Concurring in result: VandeWalle, Gerald W.: CON/RES |
| 21 | | 03/21/2000 | |
Concurring in result: Sandstrom, Dale V.: CON/RES |
| 22 | | 03/21/2000 | |
Joined in concurring in result: Neumann, William A.: JN/CON |
| 23 | | 03/21/2000 | |
Costs on appeal pursuant to NDCC 65-10-03 |
| 24 | | 03/23/2000 | |
Order/Judgment Mailed to Parties |
| 25 | | 04/17/2000 | |
MANDATE |
| 26 | | 04/19/2000 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 27 | | 02/02/2007 | |
EXPUNGED - Nonpermanent record items destroyed |