WSI v. Salat, et al.
- State of North Dakota, by and through
Workforce Safety & Insurance, Appellee
Bile Salat, Appellant
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
Could a reasoning mind find that the decision of the Administrative Law Judge was supported by the greater weight of the evidence?
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.
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.
(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|
|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|
|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|