WSI v. Badger Roustabouts
Docket No. 20210022
Oral Argument:
Monday, June 7, 2021 1:30 PM
Docket Info
- Title
- State of North Dakota by and through
Workforce Safety and Insurance, Appellant
v.
Badger Roustabouts, LLC, Appellee - Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
-
Case No. 2020-CV-01732
South Central Judicial District, Burleigh County
Bruce A. Romanick
2021 ND 166964 N.W.2d 514
Oral Argument
6/7/2021
Highlight
An individual who performs services for another for remuneration is presumed to be an employee of the person for which the services are performed, unless it is proven that the individual is an independent contractor under the common-law test.
Whether a worker is an independent contractor or an employee is a mixed question of fact and law.
To be entitled to an award attorney’s fees under N.D.C.C. § 28-32-50, a non-agency party must meet a two-part test: 1) the non-administrative agency party must prevail, and 2) the agency must have acted without substantial justification.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 01/22/2021 | NOTICE OF APPEAL : 01/22/2021 | |
2 | 01/25/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
3 | 01/25/2021 | Notice served on Jacqueline S. Anderson & Jonathan Yunker | |
4 | 01/26/2021 | DISK - Transcript of Administrative Agency Hearing dated January 30, 2019 (e-mailed) | |
5 | 02/22/2021 | ELEC. RECORD ON APPEAL DATED FEBRUARY 19, 2021 (ENTRY NOS. 1-125) | |
6 | 03/03/2021 | APPELLANT BRIEF | View |
7 | 03/03/2021 | APPELLANT APPENDIX | |
8 | 03/03/2021 | Oral Argument Request by Appellant | |
9 | 03/05/2021 | Rec'd 5 copies of ATB & 4 copies of ATA from CSD | |
10 | 03/30/2021 | MOT. EXT/TIME APPELLEE BRIEF | |
11 | 03/31/2021 | ACTION BY CLERK - Granted : 05/02/2021 | |
12 | 05/03/2021 | APPELLEE BRIEF | View |
13 | 05/03/2021 | Oral Argument Request by Appellee | |
14 | 05/04/2021 | Rec'd 4 copies of AEB from CSD | |
15 | 05/14/2021 | REPLY BRIEF | View |
16 | 05/18/2021 | Rec'd 4 copies of RYB from CSD | |
17 | 05/18/2021 | NOTICE OF ORAL ARGUMENT SENT | |
18 | 06/07/2021 | APPEARANCES: Jacqueline S. Anderson/Jonathan Yunker | |
19 | 06/07/2021 | ARGUED: Jacqueline S. Anderson/Jonathan Yunker | |
20 | 06/07/2021 | ORAL ARGUMENT WEBCAST | |
21 | 09/16/2021 | DISPOSITION | |
22 | 09/16/2021 | UNANIMOUS OPINION : Jensen, Jon J. | View |
23 | 09/16/2021 | Costs on appeal taxed in favor of Appellee | |
24 | 09/16/2021 | By order of the Court No attorney's fees are granted under N.D.C.C. § 65-10-03 | |
25 | 09/16/2021 | Judgment | View |
26 | 10/08/2021 | MANDATE |