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Hunter v. WSI

Docket No. 20210185
Oral Argument: Argument Date & Time is not set.

Docket Info

Title
Brian Hunter, Appellant
v.
North Dakota Workforce Safety and Insurance, Appellee
Case Type
CIVIL APPEAL : WORKERS COMPENSATION
Appeal From
Case No. 2020-CV-01210
Northwest Judicial District, Williams County
Kirsten Marie Sjue

Parties' Statement of Issues

  • Appellant

    1. WSI must prove that an injury or illness is non-compensable or pre-existing by using the same standard of "medical evidence" supported by "objective
    medical findings" that a claimant must prove for an injury or illness to be compensable under N.D.C.C. 65-01-02(11).
    2. The preponderance of evidence supports finding that Barrett's esophagus and GERO are related to and/or made worse by my work injury.
    a. The ALJ used a "risk factor," "could cause," and "can cause" analysis for GERO but never showed those factors actually did cause my
    GERO and Barrett's esophagus.
    b. A patient medical history alone is not sufficient to meet the test under Across Big Sky for objective medical evidence.
    c. The evidence shows that I do not have peptic ulcer disease, yet the ALJ and District Court say I do.
    d. Even if I did have GERO prior to the work injury, the evidence shows it is worse since the work injury

  • Appellee 1

    [1] Whether the ALJ could reasonably determine that Appellant Brian Hunter (“Hunter”) failed to establish that his conditions of Barrett’s esophagus, GERD and peptic ulcer disease were not compensable medical conditions.
    [2] Whether Hunter’s arguments regarding burden of proof to be placed on WSI were waived by failing to present arguments to the ALJ and District Court.


Briefs

Filing Date Description
08/16/2021 APPELLANT BRIEF View
09/14/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE SPEC. ASST. ATTY. GEN. Jacqueline Sue Anderson - 05322
APPELLANT PRO SE Brian Hunter

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 07/02/2021 NOTICE OF APPEAL : 07/02/2021
2 07/02/2021 Paper Filed Document
3 07/02/2021 Rec'd $125 filing fee
4 07/02/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 07/02/2021 Notice served on Brian Hunter & Jacqueline S. Anderson
6 07/06/2021 DISK - Transcript of Administrative Agency Hearing dated July 6, 2021 (e-mailed)
7 07/28/2021 ELEC. RECORD ON APPEAL DATED JULY 27, 2021 (ENTRY NOS. 1-68)
8 08/09/2021 Rec'd non-Compliant Appellant's Brief and Appendix (corrected ATB & ATA filed August 16, 2021)
9 08/09/2021 Paper Filed Documents
10 08/16/2021 APPELLANT BRIEF View
11 08/17/2021 Paper Filed Document (scanned)
12 08/16/2021 APPELLANT APPENDIX
13 08/16/2021 Paper Filed Document (scanned)
14 08/23/2021 Rec'd $9.50 overage fee (Receipt #28219)
15 08/26/2021 Rec'd 4 copies of ATB & 3 copies of ATA from CSD
16 09/14/2021 APPELLEE BRIEF View
17 09/16/2021 Have we rec'd 4 copies of AEB from CSD (delete when satisfied) : 09/21/2021
18 09/17/2021 MOT. EXT/TIME REPLY BRIEF
19 09/17/2021 ACTION BY CLERK - Granted : 10/13/2021