Tedford v. Workforce Safety and Insurance, et al.
Docket No. 20060320
Oral Argument:
Monday, April 23, 2007 2:45pm
Docket Info
- Title
- Richard Tedford, Claimant and Appellee
v.
Workforce Safety and
Insurance, Appellant
and
Red Owl Stores, Respondent - Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
-
Case No. 05-C-03801
East Central Judicial District, Cass County
Georgia Dawson
2007 ND 142738 N.W.2d 29
Oral Argument
4/23/2007
Highlight
The retirement offset provision, N.D.C.C. 65-05-09.2, authorizing offset of social security retirement benefits against workers compensation disability benefits, does not apply to injured employees who were receiving benefits for a total disability prior to the statute's effective date.
In determining whether an administrative agency acted without substantial justification, triggering an award of actual attorney fees and costs under N.D.C.C. 28-32-50(1), the fact that a judge at an earlier stage of the proceedings agreed with the agency's position is persuasive evidence that the position was substantially justified.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLANT | 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 | 11/14/2006 | NOTICE OF APPEAL : 11/13/2006 | |
| 2 | 11/14/2006 | ANNOUNCED DISQUALIFICATION : Crothers, Daniel John | |
| 3 | 11/29/2006 | Motion to Stay Briefing Schedule Pending Decision of District Court on Motion for Attorney's Fees, | |
| 4 | 11/29/2006 | Brief in Support of Motion, and Stipulation, Affidavit of Mailing | |
| 5 | 11/29/2006 | ACTION BY CHIEF JUSTICE (briefing schedule is stayed; Appellant's Brief will be due 30 days after - Granted | |
| 6 | 11/29/2006 | entry of the trial court's order on the pending motion for attorney's fees) | |
| 7 | 01/24/2007 | Second Notice of Appeal filed in the trial court on 1/23/07 from order awarding attorney's fees | |
| 8 | 01/24/2007 | RESET BRIEFING SCHEDULE AFTER TRIAL COURT'S ACTION ON MOTION FOR ATTORNEYS FEES | |
| 9 | 01/24/2007 | ACTION BY CLERK (MAT- Reset Briefing Schedule After Trial Court's Action) - Granted : 02/15/2007 | |
| 10 | 01/24/2007 | RECORD ON APPEAL w/Separates(Entry Nos.6-WSI Rec.& 7).Not Rec'd were CR Tapes(Entry Nos. 17,32,&60) | |
| 11 | 01/24/2007 | WSI Cert. of Rec (Entry Nos. 1-426) | |
| 12 | 02/01/2007 | Clerk's Supplemental Certificate of Record dated 1/30/07 (Entry Nos. 65 & 66). | |
| 13 | 02/08/2007 | Appellee Tedford's motion for attorney's fees and costs on appeal to the Supreme Court - RspDue : 02/20/2007 | |
| 14 | 02/15/2007 | APPELLANT BRIEF | View |
| 15 | 02/15/2007 | APPELLANT APPENDIX | |
| 16 | 02/20/2007 | Appellant's Response to Motion for N.D.C.C. 28-32-50 Attorney's Fees | |
| 17 | 02/22/2007 | DISK - atb (e-mailed) | |
| 18 | 03/14/2007 | APPELLEE BRIEF | View |
| 19 | 03/14/2007 | APPELLEE APPENDIX | |
| 20 | 03/15/2007 | DISK (AEB) | |
| 21 | 03/21/2007 | SITTING WITH THE COURT : Hodny, William F. | |
| 22 | 04/02/2007 | REPLY BRIEF (pdf) (e-mailed) | View |
| 23 | 04/02/2007 | E-FILED BRIEF (ryb) | |
| 24 | 04/02/2007 | Affidavit of Service | |
| 25 | 04/10/2007 | Received RYB from Central Duplicating | |
| 26 | 04/23/2007 | APPEARANCES: Jacqueline S. Anderson; Mark G. Schneider | |
| 27 | 04/23/2007 | ARGUED: Anderson; Schneider | |
| 28 | 04/23/2007 | ORAL ARGUMENT WEBCAST | |
| 29 | 08/27/2007 | DISPOSITION | |
| 30 | 08/27/2007 | SPLIT OPINION : VandeWalle, Gerald W. | View |
| 31 | 08/27/2007 | DISSENT : Kapsner, Carol Ronning | |
| 32 | 08/27/2007 | Costs to be taxed under N.D.C.C. § 65-10-03 | |
| 33 | 08/27/2007 | ACTION BY SUPREME COURT (Motion for Attorney Fees) - Denied | |
| 34 | 08/27/2007 | Judgment e-mailed to Parties | |
| 35 | 09/18/2007 | MANDATE | |
| 36 | 09/20/2007 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 37 | 08/21/2017 | EXPUNGED - Nonpermanent record items destroyed |