Higginbotham v. WSI, et al.
- James Higginbotham, Appellant
Workforce Safety and Insurance, Appellee
Industrial Contractors, Inc., Respondent
- Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
Case No. 2013-CV-00537
South Central Judicial District, Morton County
Donald L. Jorgensen
Whether a potential commute or relocation is unreasonably expensive cannot be determined when the employee has not yet searched for or been offered employment.
Functional limitations at the time the claimant was performing a job should be considered when determining whether an employment option presents an opportunity for substantial gainful employment.
When there is no evidence of a functional limitation during the development of a vocational rehabilitation plan, WSI should develop the plan without considering the alleged limitation.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||01/21/2014||NOTICE OF APPEAL : 01/21/2014|
|2||01/23/2014||Disk-Transcript (Administative Agency Transcript dated 05/02/13) (e-mailed)|
|5||02/27/2014||DISK (ATB) (e-mailed)|
|6||02/28/2014||ELEC. RECORD ON APPEAL DATED February 28, 2014 (ENTRY NOS.1-65)|
|9||03/31/2014||Rec'd $25 e-filing surcharge for AEB (receipt #22716)|
|10||04/01/2014||Rec'd 7 copies of ATB from Central Duplicating|
|11||04/01/2014||Notice from Mr. King that he is joining in the brief of WSI, and appearing, but not arguing|
|12||04/21/2014||NOTICE OF ORAL ARGUMENT SENT|
|13||05/05/2014||APPEARANCES: Stephen Little/Douglas Gigler/Lawrence King|
|15||05/05/2014||ORAL ARGUMENT WEBCAST|
|17||07/17/2014||UNANIMOUS OPINION : Kapsner, Carol Ronning||View|
|18||07/17/2014||Judgment Sent to Parties|
|19||07/25/2014||PETITION FOR REHEARING||View|
|21||07/31/2014||ACTION BY SUPREME COURT - Denied|