Curran v. N.D. Workforce Safety & Insurance
Docket No. 20090260
Oral Argument:
Tuesday, December 22, 2009 10:45am
Docket Info
- Title
- Kari Curran, Claimant and Appellee
v.
North Dakota Workforce
Safety & Insurance, Appellant
and
Meritcare Health System, Respondent - Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
-
Case No. 08-C-02891
East Central Judicial District, Cass County
Douglas R. Herman
2010 ND 227791 N.W.2d 622
Oral Argument
12/22/2009
Highlight
A preexisting injury is not compensable unless the employment substantially accelerates its progression or substantially worsens its severity.
In a "battle of the experts," WSI, and following the enactment of N.D.C.C. 65-02-22.1, the administrative law judge, may choose to rely upon either party's expert witnesses but must adequately explain its reasoning for disregarding medical evidence favorable to the claimant.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 09/08/2009 | NOTICE OF APPEAL : 09/04/2009 | |
| 2 | 09/30/2009 | DISK-adm. hrg. transcripts dated 3/18/09 & 4/29/08 | |
| 3 | 10/07/2009 | Record on Appeal and Separates [Entry No. 6 - W.S.I. Certificate of Record (2 volumes)] | |
| 4 | 10/14/2009 | APPELLANT BRIEF (e-filed) | View |
| 5 | 10/14/2009 | E-FILED BRIEF (ATB) | |
| 6 | 10/14/2009 | APPELLANT APPENDIX (e-filed) | |
| 7 | 10/14/2009 | E-FILED APPENDIX (ATA) | |
| 8 | 10/15/2009 | Received $122.50 surcharge for ATB & ATA (Receipt #19038) | |
| 9 | 10/19/2009 | Received 7 copies of ATB from CSD | |
| 10 | 10/19/2009 | Received 6 copies of ATA from CSD | |
| 11 | 11/12/2009 | APPELLEE BRIEF | View |
| 12 | 11/12/2009 | APPELLEE APPENDIX | |
| 13 | 11/12/2009 | DISK - AEB (E-mailed) | |
| 14 | 11/17/2009 | NOTICE OF ORAL ARGUMENT SENT | |
| 15 | 11/30/2009 | REPLY BRIEF of Appellant | View |
| 16 | 11/30/2009 | E-FILED BRIEF (RYB) | |
| 17 | 12/02/2009 | Received 7 cc of RYB from Central Duplicating | |
| 18 | 12/22/2009 | APPEARANCES: Douglas W. Gigler, Spec. Asst. Atty. Gen./Daniel E. Phillips | |
| 19 | 12/22/2009 | ARGUED: Gigler/Phillips | |
| 20 | 12/22/2009 | ORAL ARGUMENT WEBCAST | |
| 21 | 12/02/2010 | DISPOSITION | |
| 22 | 12/02/2010 | SPLIT OPINION : Sandstrom, Dale V. | View |
| 23 | 12/02/2010 | DISSENT : Maring, Mary Muehlen | |
| 24 | 12/02/2010 | JOIN IN THE DISSENT : Kapsner, Carol Ronning | |
| 25 | 12/02/2010 | Costs and disbursements to be taxed on this appeal under N.D.C.C. § 65-10-03. | |
| 26 | 12/02/2010 | Judgment Sent to Parties | |
| 27 | 12/27/2010 | MANDATE | |
| 28 | 12/30/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 29 | 02/24/2011 | Corrected/Substitute Opinion Page (correction at Paragraph 10 changing diskogram to discogram) | |
| 30 | 01/27/2021 | EXPUNGED - Nonpermanent record items destroyed |