Industrial Contractors, Inc. v. Workforce Safety & Insurance, et al.
Docket Info
- Title
- Industrial Contractors, Inc., Respondent and Appellant
v.
Workforce Safety & Insurance Appellee
and
Francis Rogstad, Claimant and Appellee - Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
-
Case No. 08-C-1496
South Central Judicial District, Burleigh County
Gail Hagerty
Highlight
Courts exercise limited review in appeals from administrative agency decisions under the Administrative Agencies Practice Act.
An administrative agency's construction of a statute in administering the law is entitled to deference when that interpretation does not contradict clear and unambiguous statutory language.
The word "or" is disjunctive in nature and ordinarily indicates an alternative between different things or actions, and terms or phrases separated by "or" have separate and independent significance.
Failure of participating employer to give written notice or to properly post notice as required under the relevant statute invalidates the employer's designated medical provider selection and allows the employee to make the initial selection of a medical provider.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/30/2008 | NOTICE OF APPEAL : 10/28/2008 | |
| 2 | 11/28/2008 | RECORD ON APPEAL & SEPARATE (ENTRY NO. 4 - WSI RECORD). | |
| 3 | 12/04/2008 | DISK - administrative transcript dated February 29, 2008 (in pdf) | |
| 4 | 12/08/2008 | MOT. EXT/TIME APPELLANT BRIEF (faxed) | |
| 5 | 12/08/2008 | E-FILED MOTION (MAT) Faxed | |
| 6 | 12/08/2008 | ACTION BY CHIEF DEPUTY CLERK (MAT) - Granted : 12/18/2008 | |
| 7 | 12/09/2008 | DISK - Adm. Hearing transcript dated 8-14-07 (CD-ROM) | |
| 8 | 12/19/2008 | MOT. EXT/TIME APPELLANT BRIEF (in letter form) | |
| 9 | 12/22/2008 | ACTION BY CLERK - MAT - Granted : 12/22/2008 | |
| 10 | 12/22/2008 | APPELLANT BRIEF | View |
| 11 | 12/22/2008 | APPELLANT APPENDIX | |
| 12 | 12/29/2008 | DISK - ATB | |
| 13 | 12/30/2008 | Received corrected covers for ATB and ATA | |
| 14 | 01/21/2009 | APPELLEE BRIEF (Rogstad) (e-filed) (PDF) | View |
| 15 | 01/21/2009 | E-FILED BRIEF (AEB of Rogstad) (PDF) | |
| 16 | 01/21/2009 | Received $25 surcharge for AEB of Rogstad (Receipt #18695) | |
| 17 | 01/22/2009 | MOT. EXT/TIME APPELLEE BRIEF - WSI | |
| 18 | 01/22/2009 | E-FILED MOTION - MAE of WSI | |
| 19 | 01/22/2009 | ACTION BY CLERK - MAE of WSI - Granted : 01/30/3009 | |
| 20 | 01/23/2009 | Copies of AEB of Francis Rogstad from Central Duplicating Services | |
| 21 | 01/23/2009 | E-mailed letter from Leslie Oliver dated 1-23-09 RE: no objection to extension of time for WSI to | |
| 22 | 01/23/2009 | file its AEB | |
| 23 | 01/30/2009 | APPELLEE BRIEF-WSI (E-FILED) | View |
| 24 | 01/30/2009 | E-FILED BRIEF (AEB-WSI) | |
| 25 | 02/02/2009 | Received $25 e-filing surcharge for AEB-WSI (Receipt #18707). | |
| 26 | 02/04/2009 | Received 7 copies of AEB-WSI from Central Duplicating | |
| 27 | 02/13/2009 | ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning | |
| 28 | 02/13/2009 | REPLY BRIEF | View |
| 29 | 02/17/2009 | DISK - RYB | |
| 30 | 02/19/2009 | ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V. | |
| 31 | 02/25/2009 | SITTING WITH THE COURT : Hodny, William F. | |
| 32 | 02/25/2009 | SITTING WITH THE COURT : Olson, Everett Nels | |
| 33 | 03/23/2009 | Due to flood projections in Cass County, the Court continued arguments to April | |
| 34 | 04/15/2009 | APPEARANCES: Monte L. Rogneby and Leslie Bakken Oliver; Steven L. Latham and Douglas W. Gigler | |
| 35 | 04/15/2009 | ARGUED: Rogneby; Latham and Gigler | |
| 36 | 04/15/2009 | ORAL ARGUMENT WEBCAST | |
| 37 | 09/04/2009 | DISPOSITION | |
| 38 | 09/04/2009 | UNANIMOUS OPINION : Maring, Mary Muehlen | View |
| 39 | 09/04/2009 | Costs on appeal be taxed and allowed in the court below under N.D.C.C. § 65-10-03 | |
| 40 | 09/04/2009 | Judgment E-Mailed to Parties | |
| 41 | 09/29/2009 | MANDATE | |
| 42 | 10/02/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 43 | 10/14/2020 | EXPUNGED - Nonpermanent record items destroyed |