Robertson v. ND Workers Comp. Bur.
v.
North Dakota Workers
Compensation Bureau, Appellee
and
City of New England, Respondent
Judge Allan L. Schmalenberger
| Appellant: | Dietz & Little Lawyers | |
| Appellee: | Brent J. Edison , Spec. Asst. Atty. Gen. |
A. Is Delmar Robertson entitled to the law enforcement presumption that his heart condition is work-related?
B. Has the presumption that Delmar Robertson's heart condition is work-related been rebutted?
C. Following the District Court remand, should the Bureau have referred the matter back to the Administrative Law Judge who conducted the evidentiary hearing to issue Additional Findings of Fact and Conclusions of Law?
D. Did Delmar Robertson fail to exhaust administrative remedies?
Appellee's Statement of the Issues:
1. Whether the presumption in N.D.C.C. 65-01-02(18)(d)(1995) is inapplicable because Robertson cannot show a pre-employment physical which failed to show any evidence of a heart condition,
2. Whether the statutory presumption has been rebutted because the greater weight of the evidence eliminates Robertson's employment as a substantial contributing factor.
3. Whether the 1995 version of N.D.C.C. 65-01-02(18)(d) applies because Robertson's heart attack occurred after the effective date of the statute.
4. Whether Robertson failed to exhaust administrative remedies.
5. Whether the Bureau's proceedings on remand complied with due process.
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