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WSI v. Tolman

Docket No. 20200025
Oral Argument: Wednesday, June 3, 2020 2:45 PM

Docket Info

Title
State of North Dakota, by and through
Workforce Safety and Insurance, Appellant
v.
Jason E. Tolman, Respondent
Case Type
CIVIL APPEAL : WORKERS COMPENSATION
Appeal From
Case No. 2019-CV-00058
Southwest Judicial District, Dunn County
Rhonda Rae Ehlis
2020 ND 223950 N.W.2d 144
Oral Argument 6/3/2020

Highlight

Statutory interpretation presents a question of law. Statutory provisions are given their plain, ordinary, and commonly understood meaning unless a contrary intention plainly appears.

For purposes of WSI benefits, a compensable injury includes a mental or psychological condition caused by a physical injury, but only when the physical injury is determined with reasonable medical certainty to be at least fifty percent of the cause of the condition as compared with all other contributing causes combined, and only when the condition did not preexist the work injury.


Briefs

Filing Date Description
04/06/2020 APPELLANT BRIEF View

Counsel

Party Type Name
APPELLANT SPEC. ASST. ATTY. GEN. Jacqueline Sue Anderson - 05322
RESPONDENT PRO SE Jason E. Tolman

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

Seq. # Filing Date Description Attachment
1 01/27/2020 NOTICE OF APPEAL : 01/27/2020
2 01/28/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 01/28/2020 Notice served on Jacqueline s. Anderson and Jason E. Tolman
4 01/28/2020 DISK-Transcript of Administrative Hearing dated April 17, 2019
5 03/04/2020 MOT. EXT/TIME APPELLANT BRIEF
6 03/05/2020 ACTION BY CLERK - Granted : 04/06/2020
7 02/25/2020 ELEC. RECORD ON APPEAL DATED FEBRUARY 24, 2020 (ENTRY NOS. 1-82)
8 04/06/2020 APPELLANT BRIEF View
9 04/06/2020 Oral Argument Request by Appellant
10 04/06/2020 APPELLANT APPENDIX
11 04/08/2020 Rec'd 5 copies of ATB/ATA from CSD
12 04/09/2020 Rec'd $2.00 for 4 pages over 100 in appendix (receipt#27563)
13 05/13/2020 NO APPELLEE'S BRIEF FILED
14 05/21/2020 NOTICE OF ORAL ARGUMENT SENT
15 06/03/2020 APPEARANCES: Jacqueline S. Anderson; no brief filed by Appellee
16 06/03/2020 ARGUED: Jacqueline S. Anderson
17 06/03/2020 ORAL ARGUMENT WEBCAST
18 10/21/2020 DISPOSITION (AND REINSTATED)
19 10/21/2020 UNANIMOUS OPINION : VandeWalle, Gerald W. View
20 10/21/2020 By order of the Court, under N.D.C.C. 65-02-08, no costs will be taxed on this appeal.
21 10/27/2020 Judgment Sent to Parties
22 11/04/2020 Non-Compliant PER rec'd (no service); given until 11/9/20 to provide service
23 11/07/2020 PETITION FOR REHEARING filed subject to the approval of the Court View
24 11/19/2020 ACTION BY SUPREME COURT - Denied
25 11/27/2020 MANDATE