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Miller v. Workforce Safety and Insurance, et al.

Docket No. 20080238
Oral Argument: Tuesday, January 20, 2009 1:30pm

Docket Info

Title
Palmer J. Miller, Claimant and Appellant
v.
Workforce Safety and
Insurance, Appellee
and
Real Builders Inc., Respondent
Case Type
CIVIL APPEAL : WORKERS COMPENSATION
Appeal From
Case No. 08-C-00033
North Central Judicial District, Ward County
William W. McLees
2009 ND 109767 N.W.2d 154
Oral Argument 1/20/2009

Highlight

Under North Dakota's workers compensation law and procedure, a "rehearing" is an evidentiary hearing.
WSI has the responsibility to weigh the credibility of the medical evidence and resolve conflicting medical opinions, and a reviewing court is limited to determining only whether a reasoning mind reasonably could have determined that the factual conclusions were proved by the weight of the evidence from the entire record.

Briefs

Filing Date Description
10/28/2008 APPELLANT BRIEF View
12/23/2008 APPELLEE BRIEF (e-filed) 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 09/22/2008 NOTICE OF APPEAL : 09/18/2008
2 09/22/2008 ANNOUNCED DISQUALIFICATION : Crothers, Daniel John
3 10/16/2008 RECORD ON APPEAL & SEPARATE (ENTRY NO. 7-WSI RECORD, 3 volumes).
4 10/28/2008 APPELLANT BRIEF View
5 10/28/2008 APPELLANT APPENDIX
6 10/28/2008 DISK - ATB
7 11/12/2008 MOT. EXT/TIME APPELLEE BRIEF
8 11/12/2008 E-FILED MOTION - MAE
9 11/13/2008 ACTION BY CLERK - MAE - Granted : 12/27/2008
10 12/23/2008 APPELLEE BRIEF (e-filed) View
11 12/23/2008 E-FILED BRIEF (AEB)
12 12/23/2008 APPELLEE APPENDIX (e-filed)
13 12/23/2008 E-FILED APPENDIX (AEA)
14 12/24/2008 Received $144 surcharge for AEB & AEA (Receipt #18661)
15 12/29/2008 Received 7 copies of AEB from Central Duplicating
16 12/29/2008 Received 6 copies of AEA from Central Duplicating
17 12/31/2008 SITTING WITH THE COURT : Graff, Benny A.
18 01/20/2009 APPEARANCES: Stephen D. Little; Jacqueline S. Anderson, Spec. Asst. Attorney General
19 01/20/2009 ARGUED: Little; Anderson
20 01/20/2009 ORAL ARGUMENT WEBCAST
21 06/19/2009 DISPOSITION
22 06/19/2009 UNANIMOUS OPINION : Kapsner, Carol Ronning View
23 06/19/2009 Costs on appeal taxed under N.D.C.C. § 65-10-03
24 06/22/2009 Judgment e-mailed to Parties
25 07/16/2009 MANDATE
26 07/20/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
27 11/10/2020 EXPUNGED - Nonpermanent record items destroyed