Dutton v. Workforce Safety & Insurance
Docket No. 20090177
Oral Argument:
Wednesday, November 18, 2009 10:30am
Docket Info
- Title
- Margaret Dutton, Claimant and Appellant
v.
Workforce Safety & Insurance, Appellee
and
Sheyenne Dakota, Inc., Respondent - Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
-
Case No. 08-C-03977
East Central Judicial District, Cass County
Steven E. McCullough
2010 ND 99783 N.W.2d 278
Oral Argument
11/18/2009
Highlight
A permanent partial impairment evaluation must be conducted by an independent, unbiased physician.
In determining whether a claimant is entitled to attorney fees and costs under N.D.C.C. 28-32-50(1), an administrative agency's position is substantially justified if a reasonable person could think the position is correct and the position has a reasonable basis in law and fact.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 06/16/2009 | NOTICE OF APPEAL : 06/15/2009 | |
| 2 | 07/15/2009 | RECORD ON APPEAL including separate Certificate of Record of WSI (2 copies, one redacted & one not) | |
| 3 | 07/22/2009 | APPELLANT BRIEF | View |
| 4 | 07/22/2009 | Addendum to ATB | |
| 5 | 07/22/2009 | APPELLANT APPENDIX | |
| 6 | 07/23/2009 | DISK - ATB (CD ROM) | |
| 7 | 07/23/2009 | Appellant's Motion for N.D.C.C. 28-32-50 Attorney's Fees & Costs on Appeal | |
| 8 | 08/19/2009 | MOT. EXT/TIME APPELLEE BRIEF & Aff/Support (e-filed) | |
| 9 | 08/19/2009 | E-FILED MOTION (Mot/Ext/AEB?) | |
| 10 | 08/19/2009 | ACTION BY CLERK (MAE) - Granted : 09/18/2009 | |
| 11 | 09/18/2009 | Response to Motion for Attorney's Fees & Costs (e-filed) | |
| 12 | 09/18/2009 | E-FILED MOTION (Response to Mot/Atty/Fees) | |
| 13 | 09/18/2009 | APPELLEE BRIEF | View |
| 14 | 09/18/2009 | E-FILED BRIEF (AEB) | |
| 15 | 09/18/2009 | APPELLEE APPENDIX (PDF) e-filed | |
| 16 | 09/18/2009 | E-FILED APPENDIX (AEA) PDF | |
| 17 | 09/21/2009 | Received $25 surcharge for AEB (Receipt #19001). | |
| 18 | 09/22/2009 | Received 7 copies of AEB from Central Duplicating. | |
| 19 | 09/22/2009 | Received 6 copies of AEA from Central Duplicating. | |
| 20 | 10/01/2009 | REPLY BRIEF (e-filed) | View |
| 21 | 10/01/2009 | E-FILED BRIEF (RYB) | |
| 22 | 10/02/2009 | Received $25 surcharge for RYB (Receipt No. 19020) | |
| 23 | 10/05/2009 | Received 7 copies of RYB from Central Duplicating. | |
| 24 | 10/20/2009 | NOTICE OF ORAL ARGUMENT SENT | |
| 25 | 11/18/2009 | APPEARANCES: Mark G. Schneider/Jacqueline S. Anderson, Spec. Asst. Atty. Gen. | |
| 26 | 11/18/2009 | ARGUED: Schneider/Anderson | |
| 27 | 11/18/2009 | ORAL ARGUMENT WEBCAST | |
| 28 | 11/23/2009 | Letter from Mark Schneider dated 11-20-09 w/attached copy of Memorandum Decision & Order for Remand | |
| 29 | 11/23/2009 | in Lamont v. WSI, et al. | |
| 30 | 06/10/2010 | DISPOSITION | |
| 31 | 06/10/2010 | SPLIT OPINION : Maring, Mary Muehlen | View |
| 32 | 06/10/2010 | (DISSENTING) : Sandstrom, Dale V. | |
| 33 | 06/10/2010 | Costs on appeal to be taxed under N.D.C.C. § 65-10-03 | |
| 34 | 06/11/2010 | Judgment Sent to Parties | |
| 35 | 07/07/2010 | MANDATE | |
| 36 | 07/14/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 37 | 07/15/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 38 | 11/04/2020 | EXPUNGED - Nonpermanent record items destroyed |