Sandberg v. WSI, et al.
- John Sandberg, Appellee and Cross-Appellant
North Dakota Workforce Safety & Insurance, Appellant and Cross-Appellee
Park Contruction Company, Respondent
- Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
Case No. 2022-CV-00098
Northeast Judicial District, Ramsey County
Parties' Statement of Issues
Whether the District Court erred in reversing the ALJ’s affirmance of the July 7, 2021, of Workforce Safety and Insurance (“WSI”) because WSI exceeded the scope of this Court’s remand in State by & through Workforce Safety & Ins. v. Sandberg, 2021 ND 39, 956 N.W.2d 342, when it also made a decision denying disability benefits on the claim.
1. Sandberg’s soft tissue injury is inextricably intertwined with degenerative disc disease that was asymptomatic prior to the beginning of his employment at Park Construction, thus negating application of the aggravation statute, N.D.C.C. § 65-05-15.
2. Sandberg is disabled under the odd-lot doctrine.
3. WSI exceeded scope of remand in determining that Sandberg is not entitled to disability benefits.
Workforce Safety and Insurance and John Sandberg appeal a district court judgment affirming in part and reversing in part the Administrative Law Judge’s decision.
On appeal, Workforce Safety and Insurance argues the district court erred in reversing the Administrative Law Judge’s affirmance of Workforce Safety and Insurance’s order and erred in finding Workforce Safety and Insurance exceeded the scope of remand in the previous appeal. Sandberg argues N.D.C.C. § 65-05-15 is not applicable in this case, Sandberg is considered disabled under the odd-lot doctrine, and Workforce Safety and Insurance exceeded the scope of remand by determining Sandberg is not entitled to disability benefits.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||12/06/2022||NOTICE OF APPEAL : 12/06/2022||View|
|2||12/07/2022||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.||View|
|3||12/07/2022||Notice Served on Jacqueline S. Anderson, Dean J. Haas and Park Construction Company|
|4||12/07/2022||Under N.D.C.C. 28-32-49 no filing fee required.|
|5||12/19/2022||NOTICE OF CROSS APPEAL||View|
|6||12/19/2022||NOT. OF FILING NOT. OF CROSS-APPEAL AND PROOF OF SERV.||View|
|7||12/19/2022||Notice Served on Jacqueline S. Anderson, Dean J. Haas and Park Construction Company|
|8||01/10/2023||ELEC. RECORD ON APPEAL DATED JANUARY 9, 2023 (ENTRY NOS. 1-78)||View|
|9||01/12/2023||1ST ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 11, 2023 (ENTRY NOS. 79-82)||View|
|11||01/12/2023||Oral Argument Request by Appellant|
|12||01/17/2023||Rec'd 3 copies of ATB from CSD|
|14||02/13/2023||Oral Argument Request by Appellee|
|15||02/17/2023||Rec'd Service on Park Construction|
|16||02/17/2023||Rec'd 4 copies of AEB back from CD|
|17||02/22/2023||MOTION FOR ADDITIONAL PAGES IN REPLY BRIEF||View|
|18||02/22/2023||ACTION BY CLERK (GRANTED ADDITIONAL 10 PAGES FOR A TOTAL OF 22 PAGES IN REPLY BRIEF) - Granted|
|19||02/23/2023||NOTICE OF ORAL ARGUMENT SENT|
|20||02/24/2023||REPLY BRIEF (WSI)||View|
|21||02/27/2023||Rec'd 4 copies of RYB (WSI) back from CD|