Hunter v. WSI
- Brian Hunter, Appellant
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
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
 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.
 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.
|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|
|11||08/17/2021||Paper Filed Document (scanned)|
|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|
|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|