Beam v. WSI et. al.
- Gregory Beam, Appellee
North Dakota Workforce Safety and Insurance Fund, Appellant
Gagnon, Inc., Respondent
- Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
Case No. 2019-CV-00197
South Central Judicial District, Mercer County
Bruce A. Romanick
Parties' Statement of Issues
1. Whether the District Court erred in reversing the Findings of Fact, Conclusions of Law and Order of the ALJ because the scope of appeal is limited by the Specifications of Error filed by the appealing party in the District Court, and Appellee did not specify as error the ALJ’s Finding of Fact that the occupation of sheet metal worker as defined in the Dictionary of Occupational Titles.
2. Whether the District Court erred in reversing the Findings of Fact, Conclusions of Law and Order of Administrative Law Judge of the ALJ because under the proper scope of review the ALJ could reasonably conclude the first appropriate rehabilitation option under N.D.C.C. § 65-05.1-01(4) was Option B, return to the same occupation.
Did WSI correctly determine that the first appropriate rehabilitation option for Gregory Beam was to return to the same occupation, any emploer, under N.D.C.C. Section 65-05.1-01(4)?
Workforce Safety & Insurance (WSI) appeals from a district court judgment reversing an administrative law judge’s (ALJ) decision to discontinue Gregory Beam’s worker’s compensation benefits.
Beam was injured while working for his employer, Gagnon, Inc., installing sheet metal. Beam applied for workers compensation benefits. WSI accepted Beam’s claim. Over two years after Beam began receiving benefits, WSI informed Beam his benefits would be discontinued because WSI determined Beam could return to work in the same occupation with any employer. After a hearing, an ALJ affirmed WSI’s order discontinuing Beam’s benefits. Beam appealed the ALJ’s decision to the district court. The district court reversed the ALJ’s decision.
On appeal, WSI argues the district court erred in reversing the ALJ’s decision because the ALJ could have reasonably concluded that Beam could return to work in the same occupation with any employer.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||03/05/2020||NOTICE OF APPEAL : 03/05/2020|
|2||03/06/2020||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|3||03/06/2020||Notice served on Jacqueline S. Anderson/Stephen D. Little/Gagnon, Inc.|
|4||03/09/2020||DISK- Transcript of Administrative Agency Hearing dated 6-20-19 (e-mailed)|
|5||04/03/2020||ELEC. RECORD ON APPEAL DATED APRIL 2, 2020(ENTRY NOS. 1-53)|
|6||04/09/2020||MOT. EXT/TIME APPELLANT BRIEF|
|7||04/09/2020||ACTION BY CLERK - Granted : 05/08/2020|
|9||05/04/2020||Oral Argument Request by Appellant|
|11||05/06/2020||Rec'd 5 copies of ATB and ATA back from Central Duplicating|
|12||05/21/2020||NOTICE OF ORAL ARGUMENT SENT|
|14||06/01/2020||Oral Argument Request by Appellee|
|16||06/03/2020||Rec'd 5 copies of AEB and 4 copies of AEA back from CSD|
|18||06/15/2020||Rec'd 5 copies of RYB back from Central Duplicating|
|19||06/30/2020||APPEARANCES: Jacqueline S. Anderson; Stephen D. Little|
|20||06/30/2020||ARGUED: Jacqueline S. Anderson; Stephen D. Little|
|21||06/30/2020||ORAL ARGUMENT WEBCAST|