Workforce Safety & Insurance v. Auck
Docket Info
- Title
- Workforce Safety and Insurance,
and Bobcat Company Appellants
v.
Cynthia Auck, Appellee - Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
-
Case No. 09-C-00302
South Central Judicial District, Burleigh County
Donald L. Jorgensen
Highlight
In an administrative agency case, the factual findings from a final decision by an independent administrative law judge are reviewed under the same standard of review used for agency decisions. The legal conclusions from a final decision by an independent administrative law judge are not entitled to similar deference and are reviewed in the same manner as legal conclusions generally.
Where a reasoning mind reasonably could have determined the weight of the evidence from the record supported the finding that a heart attack resulting in death was caused by unusual stress resulting from an employee's employment with reasonable medical certainty and that the unusual stress was at least fifty percent of the cause of the heart attack as compared with all other contributing causes combined, the reviewing court will affirm.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 08/04/2009 | NOTICE OF APPEAL : 08/03/2009 | |
2 | 08/07/2009 | DISK - TRA dated 1-22-08; 3-11-08; 3-25-08; & 5-19-08 (Adm. Agency Transcripts)(CD-ROM) | |
3 | 08/17/2009 | Electronic copy of administrative transcripts provided by Ms. Romanick to Mr. Nodland & Ms. Oliver. | |
4 | 08/17/2009 | Mr. Nodland and Ms. Oliver further agree no further copies needed. | |
5 | 08/19/2009 | 2nd Notice of Appeal - Bobcat Company | |
6 | 09/03/2009 | RECORD ON APPEAL and Certificate of Record on Appeal of Workforce Safety & Insurance (11 Vol. | |
7 | 09/03/2009 | including Transcripts dated Jan 22, 2008, March 11, 2008, May 19, 2008 & March 25, 2008) | |
8 | 09/03/2009 | Not included in the Admin. Record was item #Item #741-E8. | |
9 | 09/09/2009 | MOT. EXT/TIME APPELLANT BRIEF (FAXED) | |
10 | 09/09/2009 | E-FILED MOTION (MAT) FAXED | |
11 | 09/09/2009 | ACTION BY CLERK (MAT) - Granted : 09/21/2009 | |
12 | 09/11/2009 | APPELLANT BRIEF (WSI) | View |
13 | 09/11/2009 | APPELLANT APPENDIX (WSI) | |
14 | 09/14/2009 | DISK-ATB (CD-ROM) | |
15 | 09/15/2009 | ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning | |
16 | 09/21/2009 | MOT. EXT/TIME APPELLANT BRIEF (e-mailed) Bobcat | |
17 | 09/21/2009 | ACTION BY CHIEF DEPUTY CLERK (MAT-BOBCAT) - Granted : 09/23/2009 | |
18 | 09/16/2009 | Received 8 copies of Revised TOC pg. 2 & NOA for ATA. | |
19 | 09/23/2009 | APPELLANT BRIEF-BOBCAT COMPANY | View |
20 | 09/30/2009 | Corrected pages iii, iv, 3-8, 17 & 18 for ATB - Bobcat Co. | |
21 | 09/30/2009 | DISK - atb (Bobcat Company) | |
22 | 10/05/2009 | Supplemental Clerk's Certificate dated October 1, 2009 (Entry Nos. 42 & 43; not rec'd: 40 & 41) | |
23 | 10/16/2009 | MOT. EXT/TIME APPELLEE BRIEF (e-filed letter from Irvin Nodland) | |
24 | 10/16/2009 | E-FILED MOTION (MAE) | |
25 | 10/16/2009 | ACTION BY CLERK - Granted : 11/06/2009 | |
26 | 10/30/2009 | Appellee's Motion to File Overlength Brief (E-filed) | |
27 | 10/30/2009 | E-FILED MOTION (Mot/File/Overlength/Brief) | |
28 | 11/02/2009 | ACTION BY ACTING CHIEF JUSTICE (Mot/File/Overlength/Brief) - Denied | |
29 | 11/05/2009 | APPELLEE BRIEF | View |
30 | 11/05/2009 | APPELLEE APPENDIX | |
31 | 11/05/2009 | DISK - AEB (e-mailed) | |
32 | 11/16/2009 | NOTICE OF ORAL ARGUMENT SENT | |
33 | 11/18/2009 | REPLY BRIEF of Appellant WSI | View |
34 | 11/19/2009 | DISK (RYB of WSI) (CD ROM) | |
35 | 11/24/2009 | SITTING WITH THE COURT : Graff, Benny A. | |
36 | 12/01/2009 | Amended TOC for ATA & additional pages 182-204 for ATA | |
37 | 12/01/2009 | Corrected TOC for AEA | |
38 | 12/03/2009 | APPEARANCES: Lolita G. Hartl Romanick, Spec.Asst.Atty.Gen. & Leslie Bakken Oliver/Irvin B. Nodland | |
39 | 12/03/2009 | ARGUED: Romanick/Nodland | |
40 | 12/03/2009 | ORAL ARGUMENT WEBCAST | |
41 | 07/02/2010 | DISPOSITION | |
42 | 07/02/2010 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
43 | 07/02/2010 | Costs and disbursements on this appeal to be taxed under N.D.C.C. § 65-10-03. | |
44 | 07/02/2010 | Judgment Sent to Parties | |
45 | 08/04/2010 | MANDATE | |
46 | 08/09/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
47 | 02/01/2021 | EXPUNGED - Nonpermanent record items destroyed |