Tverberg v. Workforce Safety & Insurance, et al.
Docket Info
- Title
- Kelly Ray Tverberg, Claimant and Appellant
v.
Workforce Safety and Insurance, Appellee
and
Delmar Rink Construction, Respondent - Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
-
Case No. 05-C-085
Northwest Judicial District, McKenzie County
David W. Nelson
Highlight
The rehabilitation provisions of workers compensation law are intended to return injured workers to substantial gainful employment with a minium of retraining as soon as possible after a work injury, but those provisions do not require complete rehabilitation to preinjury earning capacity.
Section 65-05.1-01(6), N.D.C.C., applies if a vocational consultant determines that none of the priority options under N.D.C.C. 65-05.1-01(4) are viable and will not return the employee to the lesser of two-thirds of the average weekly wage or ninety percent of the employee's preinjury earnings.
Partial disability benefits are to be awarded based on a calculation for retained earnings capacity, and WSI may use a statewide job pool to calculate the employee's retained earnings capacity.
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 | 03/07/2006 | NOTICE OF APPEAL : 03/03/2006 | |
| 2 | 03/07/2006 | ANNOUNCED DISQUALIFICATION : Crothers, Daniel John | |
| 3 | 03/28/2006 | RECORD ON APPEAL & Workforce Safety Record(NOTE: P.636 was missing from Workforce Safety Record) | |
| 4 | 04/12/2006 | APPELLANT BRIEF | View |
| 5 | 04/12/2006 | DISK - ATB | |
| 6 | 04/12/2006 | APPELLANT APPENDIX | |
| 7 | 04/28/2006 | MOT. EXT/TIME APPELLEE BRIEF; AFF. OF JACQUELINE S. ANDERSON | |
| 8 | 05/01/2006 | ACTION BY CLERK (MAE) - Granted : 06/15/2006 | |
| 9 | 06/08/2006 | APPELLEE BRIEF | View |
| 10 | 06/08/2006 | APPELLEE APPENDIX | |
| 11 | 06/12/2006 | DISK - aeb | |
| 12 | 06/21/2006 | REPLY BRIEF | View |
| 13 | 06/21/2006 | DISK - RYB | |
| 14 | 07/26/2006 | S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY | |
| 15 | 08/10/2006 | SITTING WITH THE COURT : Hodny, William F. | |
| 16 | 09/07/2006 | APPEARANCES: oral argument waived; submitted under NDRAppP 34(a)(2) on the records and briefs filed | |
| 17 | 09/07/2006 | ARGUED: oral argument waived; submitted under NDRAppP 34(a)(2) on the records and briefs filed | |
| 18 | 11/13/2006 | DISPOSITION | |
| 19 | 11/13/2006 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 20 | 11/13/2006 | Costs and disbursements taxed under N.D.C.C. § 65-10-03 | |
| 21 | 11/14/2006 | Judgment Mailed to Parties | |
| 22 | 11/15/2006 | Corrected Opinion Page 5 | |
| 23 | 12/05/2006 | MANDATE | |
| 24 | 12/11/2006 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 25 | 06/29/2016 | EXPUNGED - Nonpermanent record items destroyed |