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Beam v. WSI et. al.

Docket No. 20200067
Oral Argument: Tuesday, June 30, 2020 9:30 AM

Docket Info

Title
Gregory Beam, Appellee
v.
North Dakota Workforce Safety and Insurance Fund, Appellant
and
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
Oral Argument 6/30/2020

Parties' Statement of Issues

  • Appellant

    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.

  • Appellee 1

    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)?


Summary

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.


Briefs

Filing Date Description
05/04/2020 APPELLANT BRIEF View
06/01/2020 APPELLEE BRIEF View
06/12/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT SPEC. ASST. ATTY. GEN. Jacqueline Sue Anderson - 05322
APPELLEE PRIVATE PRACTICE Stephen D Little - 03323

(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
8 05/04/2020 APPELLANT BRIEF View
9 05/04/2020 Oral Argument Request by Appellant
10 05/04/2020 APPELLANT APPENDIX
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
13 06/01/2020 APPELLEE BRIEF View
14 06/01/2020 Oral Argument Request by Appellee
15 06/01/2020 APPELLEE APPENDIX
16 06/03/2020 Rec'd 5 copies of AEB and 4 copies of AEA back from CSD
17 06/12/2020 REPLY BRIEF View
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