WSI v. Sandberg, et al.
- State of North Dakota, by and through
Workforce Safety and Insurance, Appellant
John Sandberg, Appellee
Park Construction, Respondent
- Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
Case No. 2018-CV-00126
Northeast Judicial District, Ramsey County
Donovan John Foughty
Parties' Statement of Issues
1. Whether the Administrative Law Judge misapplied the law in determining that Claimant John Sandburg sustained a compensable injury supported by the evidence;
2. Whether the Administrative Law Judge erroneously shifted the burden of proof to WSI;
3. Whether Claimant John Sandburg sustained a compensable injury supported by the evidence;
4. Whether the Administrative Law Judge disregarded the legal requirement that any finding in favor of Claimant John Sandberg should be limited on an aggravation basis?
I. Whether the Administrative Law Judge’s findings of fact that Sandberg suffered a compensable injury to his cervical and thoracic spine under N.D.C.C. § 65-01-02(10)(b)(7) must be upheld on appeal under the reasoning mind standard.
II. Whether Workforce Safety & Insurance has waived argument regarding a 50% reduced aggravation award under N.D.C.C. § 65-05-15, and if not waived, what is the appropriate remedy?
III. Whether alleged inconsistencies in the Administrative Law Judge’s opinion must be remanded to the ALJ for resolution.
Workforce Safety and Insurance (“WSI”) appeals from a judgment affirming an administrative decision that John Sandberg sustained a compensable back injury.
In July 2016, Sandberg filed a claim with WSI for a cervical back injury, identifying an injury date of September 28, 2015, and stating the injury occurred from repetitive movement and continuous bouncing over rough terrain while operating an excavator for long periods of time to unload and place rock. WSI denied Sandberg’s claim, and he requested a hearing. After a hearing, an administrative law judge (“ALJ’) decided that Sandberg’s work did not cause or substantially accelerate the progression of his degenerative disc disease, but that his work substantially increased his pain and substantially worsened the severity of his condition. The district court affirmed the ALJ’s decision.
On appeal, WSI argues the ALJ misapplied the law in deciding Sandberg had a compensable back injury. WSI argues that the ALJ erroneously shifted the burden of proof to WSI and that Sandberg did not establish he sustained a compensable injury. WSI also argues any finding in favor of Sandberg should be limited to aggravation. Sandberg argues the ALJ’s decision resolves a fact question and is supported by a preponderance of the evidence. Sandberg also argues that WSI waived its argument about aggravation and that the aggravation statute does not apply.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||12/18/2018||NOTICE OF APPEAL : 12/18/2018|
|2||12/18/2018||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|3||12/19/2018||No filing fee assessed N.D.C.C.§ 28-32-49 applies|
|4||12/20/2018||Notice served on Sean F. Marrin, Dean J. Haas and Park Construction|
|5||12/26/2018||DISK-ADMINISTRATIVE HEARING TRANSCRIPT DATED 11-21-17 (E-MAILED)|
|6||01/16/2019||ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-47)|
|8||01/28/2019||E-FILED BRIEF (PDF)|
|11||01/30/2019||Rec'd non-substantive corrections ATB & ATA|
|12||02/01/2019||Rec'd $25 surcharge for ATB (receipt #26873)|
|13||02/01/2019||Rec'd 6 copies of ATB & ATA from Central Duplicating|
|14||02/22/2019||APPELLEE BRIEF (Sandberg)||View|
|15||02/22/2019||E-FILED BRIEF (PDF)|
|16||02/22/2019||APPELLEE APPENDIX (Sandberg)|
|18||02/25/2019||Rec'd $25 surcharge for AEB (Receipt #26914)|
|19||02/26/2019||Rec'd non-substantice corrections on AEB and AEA|
|20||02/28/2019||Rec'd 6 copies of AEB (sandberg) back from Central Duplicating|
|21||02/28/2019||Rec'd 6 copies of AEA (sandberg) back from Central Duplicating|
|23||03/14/2019||Rec'd 6 copies of RYB from Central Duplicating|
|24||03/19/2019||NOTICE OF ORAL ARGUMENT SENT|
|25||04/18/2019||APPEARANCES: Sean F. Marrin/Dean J. Haas|
|27||04/18/2019||ORAL ARGUMENT WEBCAST|