WSI v. Sandberg, et al.

Docket No. 20180442
Oral Argument: Thursday, April 18, 2019 1:30 PM

Docket Info

Title
State of North Dakota, by and through
Workforce Safety and Insurance, Appellant
v.
John Sandberg, Appellee
and
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

  • Appellant

    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?

  • Appellee 1

    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.


Summary

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.


Briefs

Filing Date Description
01/28/2019 APPELLANT BRIEF View
02/22/2019 APPELLEE BRIEF (Sandberg) View
03/08/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT SPEC. ASST. ATTY. GEN. Sean F Marrin - 07847
APPELLEE PRIVATE PRACTICE Dean J Haas - 04032

(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)
7 01/28/2019 APPELLANT BRIEF View
8 01/28/2019 E-FILED BRIEF (PDF)
9 01/28/2019 APPELLANT APPENDIX
10 01/28/2019 E-FILED APPENDIX
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)
17 02/22/2019 E-FILED APPENDIX
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
22 03/08/2019 REPLY BRIEF View
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
26 04/18/2019 ARGUED: Marrin/Haas
27 04/18/2019 ORAL ARGUMENT WEBCAST