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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
2020 ND 168946 N.W.2d 486
Oral Argument 6/30/2020

Highlight

A party appealing a hearing officer’s decision must file “reasonably specific” specifications of error detailing which matters are at issue, so as to alert the agency, other parties, and the court of the particular errors claimed.

A rehabilitation plan is appropriate if it meets the requirements of N.D.C.C. ch. 65-05.1 and gives the injured worker a reasonable opportunity to obtain substantial gainful employment.

An ALJ’s decision was supported by evidence from which a reasoning mind could have reasonably concluded WSI’s rehabilitation plan would return Beam to substantial gainful employment in light of his injuries.


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
22 07/22/2020 DISPOSITION (and Administrative Law Judge's Decision Reinstated)
23 07/22/2020 UNANIMOUS OPINION : VandeWalle, Gerald W. View
24 07/22/2020 Under N.D.C.C. 52-06-32, no costs taxed on appeal
25 07/27/2020 Judgment Sent to Parties
26 08/04/2020 PETITION FOR REHEARING View
27 08/05/2020 rec'd 5 copies of PER from Central Duplicating
28 08/27/2020 ACTION BY SUPREME COURT - Denied
29 09/08/2020 MANDATE