Disciplinary Board v. Dooley, 1999 ND 184 The Workers Compensation Bureau subrogation statute does not regulate fees private attorneys may charge their injured clients. An attorney's relationship with the Bureau under the subrogation statute is not an attorney-client relationship, but is a contractual relationship imposed by operation of law. Lawyer reprimanded for failing to promptly return property to a client upon termination of representation in violation of N.D.R. Prof. Conduct 1.16(e). Frank v. Traynor, 1999 ND 183 A Workers Compensation Bureau determination that a request for rehearing is not timely or sufficient is appealable. A district court does not abuse its discretion in denying a writ of mandamus if the petitioner has a plain, speedy, and adequate remedy in the ordinary course of law through a direct appeal from an administrative decision. State v. Freed, 1999 ND 185 A convict challenging the sufficiency of the evidence to sustain a conviction entered on a jury verdict must show the evidence, when viewed in the light most favorable to the verdict, reveals no reasonable inference of guilt. Whether to sever offenses for trial is left to the discretion of the trial court.
September 8, 1999
Bjerke v. N.D. Workers Compensation Bureau, 1999 ND 180 A disability due to a work-related injury qualifies a claimant for workers compensation benefits, while a disability due to a non-work related injury or medical condition does not qualify a claimant for benefits. A pretermination notice of termination of workers compensation benefits must be sufficiently detailed to frame the precise issues, delineate the Bureau's theories and rationale for terminating benefits, and summarize the significant evidence supporting the Bureau's conclusions. In the Interest of J.K., 1999 ND 182 A district court's finding respondent is a mentally ill person requiring treatment is not clearly erroneous when based on unrefuted testimony. A district court's finding of no less restrictive alternative for treatment must be satisfactorily explained and based on specific facts why alternative treatment is not appropriate. Svedberg v. N.D. Workers Compensation Bureau, 1999 ND 181 A vocational rehabilitation plan must take into account all of the injured worker's functional limitations existing at the time of the injury, not only those directly caused by the current work injury.
September 2, 1999
Elter v. N.D. Workers Compensation Bureau, 1999 ND 179 The presumption a health impairment caused by lung or respiratory disease is work-related can be rebutted by showing the claimant's work, more likely, was not a significant contributing factor to the disease. Under NDCC 65-10-03, when the district court remands for further proceedings, the appellant is entitled to attorneys fees for the initial appeal to the district court.
September 1, 1999
CAP Partners v. Cameron, 1999 ND 178 Whether a party has breached a lease, and whether there has been a waiver of a right to terminate a lease, are findings of fact. A waiver occurs when a person voluntarily and intentionally relinquishes a known right or privilege.