Search Tips

Keidel v. WSI, et al.

Docket No. 20220229
Oral Argument: Monday, November 28, 2022 1:30 PM

Docket Info

Title
Jesse Keidel, Appellant
v.
North Dakota Workforce Safety
and Insurance Fund, Appellee
and
Kolling & Kolling, Inc., Respondent
Case Type
CIVIL APPEAL : WORKERS COMPENSATION
Appeal From
Case No. 2022-CV-00068
Southwest Judicial District, Stark County
William A. Herauf
Oral Argument 11/28/2022

Parties' Statement of Issues

  • Appellant

    ALJ Hovland’s October 16, 2000, Order making a causal determination that Jesse Keidel suffered Permanent Partial Impairment (PPI) to the left knee due to arthritis, without apportionment to a preexisting condition, is res judicata and cannot be relitigated as demonstrated in Cridland v. North Dakota Workers Compensation Bureau, 1997 ND 223, 571 N.W.2d 351.

  • Appellee 1

    Whether the District Court erred in affirming the ALJ’s decision that the apportionment of permanent impairment for Appellant Jesse Keidel’s (“Keidel”) left knee condition was not barred by administrative res judicata.


Summary

Jesse Keidel appeals from a district court judgment affirming an administrative law judge’s (ALJ) decision denying Keidel permanent partial impairment (PPI) benefits.

In 1996, Keidel suffered a work-related injury to his left knee that required surgery. The surgeon noted Keidel’s left knee was arthritic and might need reconstructive surgery in the future. In 2000, WSI denied Keidel PPI benefits, and the decision was affirmed by an ALJ. The impairment rating relied on by WSI and the ALJ did not apportion Keidel’s left-knee impairment to any preexisting arthritis. In 2019, Keidel had left-knee replacement surgery.

In 2020, Keidel requested another PPI evaluation. In November 2020, WSI denied an impairment award for Keidel’s left knee. WSI’s impairment rating of Keidel’s left knee apportioned 50 percent of the impairment to preexisting arthritis. Keidel requested a hearing, arguing the apportionment of his left knee impairment due to preexisting arthritis was litigated and decided in 2000. The ALJ upheld WSI’s decision denying Keidel PPI benefits. The ALJ concluded administrative res judicata did not apply because Keidel’s knee condition in 2020 differed from his knee condition in 2000. Keidel appealed to the district court, and the court affirmed the ALJ’s decision.

On appeal, Keidel argues the decisions made by the ALJ and the district court were wrong.


Briefs

Filing Date Description
09/12/2022 APPELLANT BRIEF View
10/07/2022 APPELLEE BRIEF View
10/19/2022 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Dean J. Haas - 04032
APPELLEE ATT. GENERAL OFFICE Jacqueline Sue Anderson - 05322

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

Seq. # Filing Date Description Attachment
1 08/08/2022 NOTICE OF APPEAL : 08/08/2022
2 08/15/2022 Rec'd filing fee
3 08/16/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 08/16/2022 Notice served on Dean J. Haas, Jacqueline S. Anderson, & Kolling & Kolling, Inc.
5 09/12/2022 APPELLANT BRIEF View
6 09/13/2022 ELEC. RECORD ON APPEAL DATED SEPTEMBER 12, 2022 (ENTRY NOS. 1-108) View
7 09/16/2022 Rec'd 3 copies of ATB from CSD
8 10/07/2022 APPELLEE BRIEF View
9 10/07/2022 Oral Argument Request by Appellee
10 10/11/2022 Rec'd copies of AEB from Central Duplicating
11 10/19/2022 NOTICE OF ORAL ARGUMENT SENT
12 10/19/2022 REPLY BRIEF View
13 10/19/2022 Intent to Particpate in Oral Argument by Appellant View
14 10/20/2022 Rec'd 3 copies of RYB from CSD
15 11/09/2022 NOTICE OF RESCHEDULED ORAL ARGUMENT SENT
16 11/28/2022 APPEARANCES: Dean J. Haas/Jacqueline S. Anderson
17 11/28/2022 ARGUED: Dean J. Haas/Jacqueline S. Anderson
18 11/28/2022 ORAL ARGUMENT WEBCAST