WSI v. Salat, et al.

Docket No. 20190056
Oral Argument: Monday, September 23, 2019 9:30 AM

Docket Info

Title
State of North Dakota, by and through
Workforce Safety & Insurance, Appellee
v.
Bile Salat, Appellant
and
XPO CNW Inc., Respondent
Case Type
CIVIL APPEAL : WORKERS COMPENSATION
Appeal From
Case No. 2018-CV-01981
South Central Judicial District, Burleigh County
Bruce B. Haskell

Parties' Statement of Issues

  • Appellant

    Could a reasoning mind find that the decision of the Administrative Law Judge was supported by the greater weight of the evidence?

  • Appellee 1

    1. Whether Salat is entitled to benefits in connection with his low back condition when the undisputed medical evidence shows his work-related lumbar condition resolved and he had no medical findings in his lumbar spine after November 11, 2016.
    2. Whether Salat is entitled to disability benefits after he was provided a full--duty work release by his treating providers, returned to employment, and was subsequently terminated for job abandonment.


Summary

Bile Salat appeals from a district court order reversing an administrative law judge’s findings of fact, conclusions of law, order, order denying petition for reconsideration and order for judgment regarding the discontinuation of Salat’s benefits.

North Dakota Workforce Safety and Insurance issued two orders discontinuing Salat’s benefits after June 29, 2016 and November 11, 2016. Salat appealed. ALJ reversed both WSI orders.

After denying WSI’s petition for reconsideration WSI appealed to the district court. The district court reversed the ALJ’s decisions concluding the ALJ’s findings of fact were not supported by a preponderance of the evidence, and the ALJ misapplied the law.

Salat argues no basis exists to reverse the ALJ’s determination that the greater weight of the evidence showed he was entitled to receive benefits.


Briefs

Filing Date Description
05/21/2019 APPELLANT BRIEF View
06/20/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE SPEC. ASST. ATTY. GEN. Brian Schmidt - 07498
APPELLANT PRIVATE PRACTICE Stephen D Little - 03323
APPELLEE SPEC. ASST. ATTY. GEN. Mitchell D Armstrong - 05892

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 02/19/2019 NOTICE OF APPEAL : 02/19/2019
2 02/22/2019 Rec'd $125.00 filing fee (receipt #26910)
3 02/25/2019 ORDER FOR TRANSCRIPT : 02/26/2019
4 02/25/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 02/25/2019 Notice served on Stephen D. Little, Mitchell D. Armstrong, Brian Schmidt and XPO CNW Inc.
6 03/25/2019 ELEC. RECORD ON APPEAL DATED MARCH 22, 2019 (ENTRY NOS.1 - 46)
7 04/09/2019 ELECTRONIC TRANSCRIPT DATED DECEMBER 7, 2018
8 04/09/2019 C.O.S. FOR TRANSCRIPT
9 05/21/2019 MOT. EXT/TIME APPELLANT BRIEF
10 05/21/2019 ACTION BY CLERK - Granted : 05/21/2019
11 05/21/2019 APPELLANT BRIEF View
12 05/21/2019 APPELLANT APPENDIX
13 05/23/2019 Rec'd Non-Substantive corections for ATB (certificate of service)
14 05/24/2019 Rec'd 6 copies of ATB back from Central Duplicating
15 05/24/2019 Rec'd 6 copies of ATA back from Central Duplicating
16 05/28/2019 Rec'd $25.00 e-filing surcharge for ATB (receipt 27092)
17 05/28/2019 DISK - Administratice Transcript dated October 26, 2017
18 06/20/2019 APPELLEE BRIEF View
19 06/20/2019 APPELLEE APPENDIX
20 06/24/2019 Rec'd $25 surcharge for AEB (Receipt No 27126)
21 06/26/2019 Rec'd 6 copies of AEB & AEA from Central Duplicating
22 08/02/2019 NOTICE OF ORAL ARGUMENT SENT
23 09/23/2019 APPEARANCES: Stephen D. Little; Brian Schmidt
24 09/23/2019 ARGUED: Stephen D. Little; Brian Schmidt
25 09/23/2019 ORAL ARGUMENT WEBCAST