Midthun v. Workforce Safety and Insurance, et al.
Docket No. 20080137
Oral Argument:
Monday, November 10, 2008 1:30pm
Docket Info
- Title
- Judith Midthun, Claimant and Appellee
v.
North Dakota Workforce Safety
and Insurance, Appellant
and
Mercy Hospital, Respondent - Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
-
Case No. 07-C-00211
Southeast Judicial District, Barnes County
Mikal Simonson
2009 ND 22761 N.W.2d 572
Oral Argument
11/10/2008
Highlight
A party appealing a hearing officer's decision must file reasonably specific specifications of error detailing which matters are at issue, so as to alert the agency, other parties, and the court of the particular errors claimed.
The use of the word "may" in a statutory scheme is ordinarily understood as permissive rather than mandatory and operates to confer discretion.
Under N.D.C.C. 65-05-10(2), Workforce Safety and Insurance has discretion over whether to waive the five-year limitation on partial disability benefits, even where a claimant has met one of the statutory exemptions.
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 | 06/12/2008 | NOTICE OF APPEAL : 06/11/2008 | |
| 2 | 06/12/2008 | ANNOUNCED DISQUALIFICATION : Crothers, Daniel John | |
| 3 | 06/17/2008 | Rec'd ltr from Ms. Anderson RE: no filing fee required pursuant to N.D.C.C. § 28-32-49. | |
| 4 | 07/11/2008 | RECORD ON APPEAL and separate (entry no. 5-WSI Record) | |
| 5 | 07/18/2008 | MOT. EXT/TIME APPELLANT BRIEF & AFFIDAVIT (e-filed) | |
| 6 | 07/18/2008 | E-FILED MOTION (MAT) | |
| 7 | 07/18/2008 | ACTION BY CHIEF DEPUTY CLERK (MAT) - Granted : 08/20/2008 | |
| 8 | 07/18/2008 | DISK (CD ROM) (Partial Transcript of Administrative Hrg. dated 1-26-07) | |
| 9 | 07/24/2008 | DISK (e-mail) (Excerpt of Transcript of Administrative Hearing dated 1/26/07) | |
| 10 | 08/20/2008 | APPELLANT BRIEF (e-filed) | View |
| 11 | 08/20/2008 | E-FILED BRIEF (ATB) | |
| 12 | 08/20/2008 | APPELLANT APPENDIX (e-filed) | |
| 13 | 08/20/2008 | E-FILED APPENDIX (ATA) | |
| 14 | 08/20/2008 | Affidavit of Service of ATB & ATA | |
| 15 | 08/21/2008 | Received $54.50 surcharge for ATB & ATA (Receipt #18222) | |
| 16 | 08/25/2008 | Received copies of ATB from Central Duplicating | |
| 17 | 08/25/2008 | Received copies of ATA from Central Duplicating | |
| 18 | 09/18/2008 | APPELLEE BRIEF | View |
| 19 | 09/18/2008 | APPELLEE APPENDIX | |
| 20 | 09/19/2008 | DISK - aeb (e-mailed) | |
| 21 | 10/03/2008 | REPLY BRIEF OF APPELLANT | View |
| 22 | 10/03/2008 | Cert/Service of RYB | |
| 23 | 10/03/2008 | E-FILED BRIEF (RYB) | |
| 24 | 10/07/2008 | Received 7 copies of RYB from Central Duplicating | |
| 25 | 10/22/2008 | SITTING WITH THE COURT : McClintock, Jr., John C. | |
| 26 | 11/10/2008 | APPEARANCES: Jacqueline S. Anderson; Stephen D. Little | |
| 27 | 11/10/2008 | ARGUED: Anderson; Little | |
| 28 | 11/10/2008 | ORAL ARGUMENT WEBCAST | |
| 29 | 02/05/2009 | DISPOSITION | |
| 30 | 02/05/2009 | SPLIT OPINION : VandeWalle, Gerald W. | View |
| 31 | 02/05/2009 | (CONCUR IN RESULT) : Sandstrom, Dale V. | |
| 32 | 02/05/2009 | (CONCUR and DISSENT) : Maring, Mary Muehlen | |
| 33 | 02/05/2009 | Costs to be taxed under N.D.C.C. § 65-10-03 and allowed in the court below | |
| 34 | 02/05/2009 | Judgment e-mailed to Parties | |
| 35 | 02/13/2009 | PETITION FOR REHEARING (APPELLEE) | View |
| 36 | 02/17/2009 | DISK-PER (Appellee) | |
| 37 | 04/07/2009 | ACTION BY SUPREME COURT (Pet/Rehearing) - Denied | |
| 38 | 04/20/2009 | MANDATE | |
| 39 | 04/23/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 40 | 01/16/2020 | EXPUNGED - Nonpermanent record items destroyed |