Drayton v. Workforce Safety and Insurance, et al.
Docket No. 20070281
Oral Argument:
Monday, January 7, 2008 2:45pm
Docket Info
- Title
- Jody Drayton, Claimant and Appellee
v.
Workforce Safety and Insurance, Appellant
and
WW Wallwork, Inc., Respondent - Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
-
Case No. 07-C-01260
East Central Judicial District, Cass County
Frank L. Racek
2008 ND 178756 N.W.2d 320
Oral Argument
1/7/2008
Highlight
Courts are more circumspect about applying administrative res judicata than judicial res judicata, taking into account (1) the subject matter decided by the administrative agency, (2) the purpose of the administrative action, and (3) the reasons for the proceeding.
Unless otherwise provided, statutes in effect on the date of injury govern a claimant's right to collect workers compensation benefits.
A willful failure to give a maximum consistent effort in a functional capacity assessment can constitute noncompliance with vocational rehabilitation.
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 | 09/24/2007 | NOTICE OF APPEAL : 09/21/2007 | |
| 2 | 09/24/2007 | ANNOUNCED DISQUALIFICATION : Crothers, Daniel John | |
| 3 | 10/23/2007 | RECORD ON APPEAL - includes record of administrative hearing (Entry No. 7 - 2 versions, a redacted | |
| 4 | 10/23/2007 | and original) | |
| 5 | 10/31/2007 | DISK - TRA of Administrative Hearing 2-1 thru 2-5-2007 | |
| 6 | 10/31/2007 | APPELLANT BRIEF | View |
| 7 | 10/31/2007 | E-FILED BRIEF (ATB) | |
| 8 | 10/31/2007 | APPELLANT APPENDIX | |
| 9 | 10/31/2007 | E-FILED APPENDIX (ATA) | |
| 10 | 11/02/2007 | Received $66.50 surcharge for ATB and ATA (Receipt 17897) | |
| 11 | 11/07/2007 | Received 6 copies of ATA from Central Duplicating | |
| 12 | 11/13/2007 | Received 7 copies of ATB from Central Duplicating. | |
| 13 | 11/27/2007 | APPELLEE BRIEF | View |
| 14 | 11/27/2007 | Addendum to Appellee's Brief (attached to AEB) | |
| 15 | 11/29/2007 | Affidavit of Service of AEB by mail | |
| 16 | 12/04/2007 | Corrected pages ii and 26 for AEB; Affidavit of Service by Mail | |
| 17 | 12/04/2007 | DISK - AEB | |
| 18 | 12/13/2007 | REPLY BRIEF | View |
| 19 | 12/13/2007 | E-FILED BRIEF (RYB) | |
| 20 | 12/13/2007 | Affidavit of Service of RYB by mail | |
| 21 | 12/20/2007 | Received 7 copies of RYB from Central Duplicating | |
| 22 | 12/21/2007 | SITTING WITH THE COURT : Goodman, Ronald E. | |
| 23 | 01/07/2008 | APPEARANCES: Jacqueline S. Anderson; David A. Garaas | |
| 24 | 01/07/2008 | ARGUED: Anderson; Garaas | |
| 25 | 01/07/2008 | ORAL ARGUMENT WEBCAST | |
| 26 | 09/25/2008 | DISPOSITION | |
| 27 | 09/25/2008 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 28 | 09/25/2008 | Costs are taxed on this appeal under N.D.C.C. § 65-10-03 and allowed in the court below. | |
| 29 | 09/25/2008 | Judgment e-mailed to Parties | |
| 30 | 10/09/2008 | PETITION FOR REHEARING | View |
| 31 | 10/10/2008 | DISK PER | |
| 32 | 10/28/2008 | ACTION BY SUPREME COURT (Petition for Rehearing) - Denied | |
| 33 | 11/07/2008 | MANDATE | |
| 34 | 11/12/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 35 | 01/31/2019 | EXPUNGED - Nonpermanent record items destroyed |