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Sandberg v. WSI, et al.

Docket No. 20220354
Oral Argument: Monday, March 27, 2023 1:30 PM

Docket Info

Title
John Sandberg, Appellee and Cross-Appellant
v.
North Dakota Workforce Safety & Insurance, Appellant and Cross-Appellee
and
Park Contruction Company, Respondent
Case Type
CIVIL APPEAL : WORKERS COMPENSATION
Appeal From
Case No. 2022-CV-00098
Northeast Judicial District, Ramsey County
Lonnie Olson
Oral Argument 3/27/2023

Parties' Statement of Issues

  • Appellant

    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.

  • Appellee 1

    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.

Summary

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.

Briefs

Filing Date Description
01/12/2023 APPELLANT BRIEF View
02/13/2023 APPELLEE BRIEF View
02/24/2023 REPLY BRIEF (WSI) View

Counsel

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

(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
10 01/12/2023 APPELLANT BRIEF View
11 01/12/2023 Oral Argument Request by Appellant
12 01/17/2023 Rec'd 3 copies of ATB from CSD
13 02/13/2023 APPELLEE BRIEF View
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