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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 166
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.


Briefs

Filing Date Description
03/03/2021 APPELLANT BRIEF View
05/03/2021 APPELLEE BRIEF View
05/14/2021 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT SPEC. ASST. ATTY. GEN. Jacqueline Sue Anderson - 05322
APPELLEE PRIVATE PRACTICE Jonathon Yunker - 08709

(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