Bachmeier v. Workers Comp. et al.
Docket No. 20020270
Oral Argument:
Monday, January 13, 2003 2:45pm
Docket Info
- Title
- Anna Marie Bachmeier, Personal
Representative of the Estate
of Randy Bachmeier, Deceased, Claimant and Appellant
v.
The North Dakota Workers
Compensation Bureau, Appellee
and
Nordic Fiberglass, Respondent - Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
-
Case No. 02-C-00144
Northeast Judicial District, Ramsey County
Donovan John Foughty
2003 ND 63660 N.W.2d 217
Oral Argument
1/13/2003
Highlight
A claimant who files a reapplication seeking a resumption of discontinued disability benefits must prove an actual wage loss caused by a significant change in the compensable medical condition.
A claimant who was not working and had not sought employment before or after a change in his compensable medical condition did not incur an actual wage loss.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | SPEC. ASST. ATTY. GEN. | Jacqueline Sue Anderson - 05322 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/02/2002 | NOTICE OF APPEAL : 09/26/2002 | |
| 2 | 10/02/2002 | ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning | |
| 3 | 10/24/2002 | RECORD ON APPEAL not forwarded with the ROA were No. 6 (Certificate of Record on Appeal to District | |
| 4 | 10/24/2002 | Court) and No. 7 (VideoTape) Dist Ct Clk indicated these were mailed back to ND Workers Comp. | |
| 5 | 11/04/2002 | APPELLANT BRIEF | View |
| 6 | 11/04/2002 | APPELLANT APPENDIX | |
| 7 | 11/04/2002 | DISK - ATB | |
| 8 | 11/14/2002 | Copy of docket sheet from Workers Comp. Record for ATA | |
| 9 | 11/15/2002 | Worker's Comp. Record (2 vols.) & video tape of work place & TRA dated 11-15-01 | |
| 10 | 11/26/2002 | DISK - Hearing dated November 15, 2001 | |
| 11 | 12/09/2002 | APPELLEE BRIEF | View |
| 12 | 12/10/2002 | DISK - AEB | |
| 13 | 12/20/2002 | SITTING WITH THE COURT : Wefald, Robert O. | |
| 14 | 01/13/2003 | APPEARANCES: Kathryn L. Dietz; Jacqueline S. Anderson | |
| 15 | 01/13/2003 | ARGUED: Dietz; Anderson (Vol. Y; Page 77) | |
| 16 | 01/13/2003 | ORAL ARGUMENT WEBCAST | |
| 17 | 04/17/2003 | DISPOSITION | |
| 18 | 04/17/2003 | SPLIT OPINION : Sandstrom, Dale V. | View |
| 19 | 04/17/2003 | (DISSENT) : Maring, Mary Muehlen | |
| 20 | 04/17/2003 | (Join DISSENT) : Neumann, William A. | |
| 21 | 04/17/2003 | Costs on appeal will be taxed in favor of appellee under N.D.C.C. § 65-10-03 | |
| 22 | 04/17/2003 | Judgment Mailed to Parties | |
| 23 | 05/13/2003 | MANDATE | |
| 24 | 05/15/2003 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 25 | 08/19/2008 | EXPUNGED - Nonpermanent record items destroyed |