Justia North Dakota Supreme Court Opinion Summaries

Michael Jassek appealed a district court judgment that affirmed the binding dispute resolution decision of Workforce Safety and Insurance ("WSI") that denied payment for a myoelectric prosthesis. Upon review of the matter, the Supreme Court concluded the district court did not have subject matter jurisdiction, and therefore vacated the judgment. Jassek contended that because WSI failed to explain its reasons for disregarding the medical evidence favorable to Jassek, its binding dispute resolution decision was arbitrary, and that WSI's binding dispute resolution procedure violated his right to due process because it failed to provide a formal hearing. The language of N.D.C.C. 65-02-20 unambiguously provides that "[a] dispute resolution decision under this section requested by a medical provider concerning . . . a request for . . . treatment is not reviewable by any court." The statute based appealability on the identity of the party who requests binding dispute resolution, not on who appeals the binding dispute resolution decision. Jassek’s orthotist was a "medical provider," and this dispute concernd "a request for diagnostic tests or treatment," specifically the determination of an appropriate prosthetic device. Accordingly, WSI's decision on the medical provider’s request for binding dispute resolution was not reviewable by the district court, the district court was without subject matter jurisdiction, and the judgment affirming WSI's decision was void. View "Jassek v. Workforce Safety and Insurance" on Justia Law

Plaintiff-Appellant Lindsey Hysjulien appealed a grant of summary judgment which dismissed her claims for employment discrimination and negligent and intentional infliction of emotional distress against Hill Top Home of Comfort, Inc. and Greg Armitage. Upon review of the matter, the Supreme Court concluded the district court did not err in granting summary judgment on Plaintiff's claim for negligent infliction of emotional distress. However, because genuine issues of material fact existed regarding the running of the statutes of limitations for her state and federal employment discrimination claims and regarding her intentional infliction of emotional distress claim, the court erred in granting summary judgment on these claims. Accordingly, the Court affirmed in part, reversed in part and remanded the case for further proceedings. View "Hysjulien v. Hill Top Home of Comfort" on Justia Law

Claimants appealed a district court judgment that affirmed Job Service of North Dakota's decision to deny them unemployment benefits. Upon review of the administrative record and the plain language of N.D.C.C. 52-06-02(4), the Supreme Court concluded that claimants were only disqualified from unemployment compensation for employee-initiated work stoppages due to labor disputes, not to locked out Claimants as in this case. Accordingly, the Court reversed the district court's judgment and remanded the case back to Job Service for further proceedings. View "Olson v. Job Service" on Justia Law

Brendan Muldoon appealed a district court judgment that affirmed an order from an administrative law judge ("ALJ") which: affirmed an order of Workforce Safety and Insurance ("WSI") finding Muldoon was an employer under N.D.C.C. 65-01-02(17); that Muldoon wilfully failed to secure workers' compensation coverage for his employees; and that Muldoon was personally liable for past premiums and penalties owed to WSI. Upon review of the ALJ's record, the Supreme Court affirmed, concluding the ALJ's findings were supported by a preponderance of the evidence. View "Muldoon v. WSI" on Justia Law

Appellant Collette Bishop appealed a district court judgment that affirmed an administrative law judge's order ("ALJ") which affirmed an order of Workforce Safety and Insurance ("WSI") denying further vocational rehabilitation benefits and temporary total disability benefits to Bishop. Upon review, the Supreme Court also affirmed, concluding the ALJ's finding that Bishop was capable of performing the return-to-work options identified in her vocational rehabilitation plan was supported by a preponderance of the evidence. View "Bishop v. No. Dakota Workforce Safety & Ins." on Justia Law

Merwin Carlson appealed a judgment affirming a Workforce Safety and Insurance ("WSI") decision that denied his claim for workers' compensation benefits after remand. Under the law of the underlying case, the Supreme Court held that the administrative law judge ("ALJ") erred in concluding WSI properly exercised its continuing jurisdiction under N.D.C.C.65-05-04 to deny Carlson benefits on remand. The Court reversed and remanded for WSI to award Carlson benefits based on the ALJ's calculation that Carlson's average weekly wage was $722. View "Carlson v. Workforce Safety & Ins." on Justia Law

Tim Clausnitzer appealed the grant of summary judgment that dismissed his lawsuit against Tesoro Refinery and Marketing Company alleging lawful-activity discrimination under the North Dakota Human Rights Act, N.D.C.C. ch. 14-02.4. Upon review of the matter, the Supreme Court affirmed, concluding Clausnitzer failed to make a prima facie showing that he was a member of a protected class under the Act when Tesoro terminated his employment. View "Clausnitzer v. Tesoro Refining & Marketing Co." on Justia Law

Robert Heier appealed a district court judgment affirming an administrative law judge's ("ALJ") decision affirming the termination of his employment with the Department of Corrections and Rehabilitation. Upon review of the matter, the Supreme Court reversed, concluding Heier was unlawfully disciplined multiple times for one instance of misconduct, and the Court ordered Heier reinstated with backpay. View "Heier v. N.D. Dept. of Corr. & Rehab. " on Justia Law

James Mickelson appealed a judgment affirming a Workforce Safety and Insurance ("WSI") decision denying his claim for workers' compensation benefits. He argued WSI erred in deciding he did not suffer a compensable injury. Upon review, the Supreme Court concluded WSI misapplied the definition of a compensable injury, and the Court reversed and remanded for further proceedings. View "Mickelson v. Workforce Safety & Ins." on Justia Law

Cornel Kilber appealed a district court judgment that affirmed the Grand Forks Public School District No. 1 ("District") decision to discharge him from his teaching position with the District for conduct unbecoming the position of a teacher. Upon review of the district court record, the Supreme Court concluded that Kilber was not denied a fair discharge hearing and that any claimed procedural errors that occurred during the hearing were harmless. View "Kilber v. Grand Forks Public School District" on Justia Law