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Rodenbiker v. Workforce Safety and Insurance

Docket No. 20070114
Oral Argument: Thursday, September 6, 2007 11:00am

Docket Info

Title
Doralee Rodenbiker, Claimant and Appellant
v.
Workforce Safety and Insurance, Appellee
and
Stage Stop Liquors, Inc. Respondent
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 06-C-0305
South Central Judicial District, Morton County
Gail Hagerty
2007 ND 169740 N.W.2d 831
Oral Argument 9/6/2007

Highlight

Section 65-05-10, N.D.C.C., does not provide for an award of partial disability benefits when an injured worker cannot be returned to substantial gainful employment as defined under N.D.C.C. 65-05.1-01(3), and does not have a retained earnings capacity to meet the income test of N.D.C.C. 65-05.1-01(6)(a)(3).
The purpose of partial disability benefits is to assist individuals who can be returned to substantial gainful employment through rehabilitation, but will experience a decrease in earnings capacity upon return to the workforce.
Partial disability benefits are for individuals who can return to substantial gainful employment, but at a lesser amount of income.


Briefs

Filing Date Description
05/30/2007 APPELLANT BRIEF (e-filed) View
06/26/2007 APPELLEE BRIEF View

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 04/23/2007 NOTICE OF APPEAL : 04/20/2007
2 04/23/2007 ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V.
3 05/30/2007 APPELLANT BRIEF (e-filed) View
4 05/30/2007 E-FILED BRIEF (ATB)
5 05/30/2007 APPELLANT APPENDIX
6 05/31/2007 Received $25 surcharge for ATB (Receipt #17557)
7 06/01/2007 Received 7 copies of ATB from Central Duplicating
8 06/01/2007 RECORD ON APPEAL w/Separates (Entry Nos. 8, 9, & 10-WSI Cert. of Rec.)
9 06/12/2007 DISK - TRA dated 11/7/05 (administrative transcript)
10 06/26/2007 APPELLEE BRIEF View
11 06/27/2007 DISK - AEB
12 07/06/2007 ANNOUNCED DISQUALIFICATION : Crothers, Daniel John
13 07/26/2007 SITTING WITH THE COURT : McCullough, Steven E.
14 08/01/2007 SITTING WITH THE COURT : Hodny, William F.
15 09/06/2007 APPEARANCES: Steven L. Latham; Jacqueline S. Anderson
16 09/06/2007 ARGUED: Latham; Anderson
17 09/05/2007 ORAL ARGUMENT WEBCAST
18 10/29/2007 DISPOSITION
19 10/29/2007 UNANIMOUS OPINION : Maring, Mary Muehlen View
20 10/29/2007 Costs on appeal taxed under N.D.C.C. § 65-10-03
21 11/01/2007 Judgment Mailed to Parties
22 11/20/2007 MANDATE
23 11/29/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
24 11/01/2017 EXPUNGED - Nonpermanent record items destroyed