Buchmann v. ND Workers Comp. Bureau
|
| 990362 |
Dallan Buchmann, Claimant and Appellant
v.
The North Dakota Workers
Compensation Bureau, Appellee
and
Magi Touch Carpet and
Furniture, Respondent
|
| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Benny A. Graff |
|
Nature of Action: |
Workers Compensation
|
| Counsel: |
|
| Term: |
02/2000 Argument: 02/10/2000 09:30am
|
| ND cite: |
2000 ND 79
|
| NW cite: |
609 N.W.2d 437
|
|
|
| Issues: |
Appellant's Statement of the Issues:
A. Was Dallan Buchmann denied adequate pre-termination due process?
B. Did the disputed facts and delay in providing an evidentiary hearing require the Bureau, as a matter of providing adequate due process, to conduct a formal evidentiary hearing before terminating Dallan Buchmann's benefits?
C. Are Findings of Fact 5, 6, 12, 13, 14, 15, and 16 supported by a preponderance of the evidence?
D. Are Conclusions of Law 1 and 2 supported by valid Findings of Fact?
E. Did the Bureau unfairly and without adequate explanation and effort to reconcile conflicting expert opinions, disregard the expert opinion of Robert Weber in favor of the less experienced, unsupported opinion of the Bureau's rehabilitation
consultant?
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| 1 | | 12/03/1999 | |
NOTICE OF APPEAL: 12/01/1999 |
| 2 | | 12/09/1999 | |
APPELLANT BRIEF |
| 3 | | 12/09/1999 | |
APPELLANT APPENDIX |
| 4 | | 12/09/1999 | |
DISK (ATB) |
| 5 | | 12/30/1999 | |
RECORD ON APPEAL (separates 11(wkm record w/transcript & depo) & 15 (ATB to dt ct)) |
| 6 | | 01/10/2000 | |
DISK - TRA dated 6-09-99 |
| 7 | | 01/10/2000 | |
APPELLEE BRIEF |
| 8 | | 01/10/2000 | |
APPELLEE APPENDIX |
| 9 | | 01/10/2000 | |
DISK - AEB |
| 10 | | 01/13/2000 | |
DISK - Corrected AEB |
| 11 | | 01/13/2000 | |
Corrected Copies of TOC & pages for AEB |
| 12 | | 02/10/2000 | |
APPEARANCES: Kathryn L. Dietz; Lawrence A. Dopson |
| 13 | | 02/10/2000 | |
ARGUED: Dietz; Dopson (Vol. W; page 229) |
| 14 | | 04/24/2000 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 15 | | 04/25/2000 | |
DISPOSITION: AFFIRMED |
| 16 | | 04/25/2000 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 17 | | 04/25/2000 | |
Costs on appeal awarded pursuant to NDCC 65-10-03 |
| 18 | | 04/26/2000 | |
Order/Judgment Mailed to Parties |
| 19 | | 05/25/2000 | |
MANDATE |
| 20 | | 05/30/2000 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 21 | | 03/12/2007 | |
EXPUNGED - Nonpermanent record items destroyed |