Justia Labor & Employment Law Opinion SummariesArticles Posted in North Dakota Supreme Court
Devore v. American Eagle Energy Corporation, et al.
Dylan Devore appealed summary judgments dismissing his negligence and gross negligence claims against defendants American Eagle Energy Corporation, Integrated Petroleum Technologies, Inc. (“IPT”), and Brian Barony. Devore was a crew supervisor for Fort Berthold Services (“FBS”), which provided water transfer services for hydraulic fracturing operations at oil wells. In February 2014, American Eagle Energy Corporation began hydraulic fracturing operations on an oil well in Divide County, North Dakota and contracted with FBS to provide water. American Eagle also contracted with IPT, a consulting company. Though IPT coordinated American Eagle’s independent contractors, American Eagle authorized any contractor to stop work at any time if a work condition was unsafe. IPT had no contractual relationship with FBS. FBS took direction from IPT, but FBS controlled its own day-to-day activities, including how it performed its work. On the morning of March 2, 2014, ice had formed in a hose between a pond near the well site and a tank. While the hose was still pressurized from the compressed air, at least one FBS crew member struck it with a sledgehammer in an attempt to dislodge the ice obstruction. The sledgehammer blows caused the hose to break apart and uncontrollably jump and whip around. The flailing hose struck and injured Devore. After review, the North Dakota Supreme Court concluded the facts, viewed in a light most favorable to Devore, did not support a conclusion that American Eagle, IPT, or Barony owed Devore a duty of care or proximately caused his injuries. Therefore the Court affirmed the summary judgments. View "Devore v. American Eagle Energy Corporation, et al." on Justia Law
Ellis v. WSI
Workforce Safety and Insurance (WSI) appealed a district court judgment reversing an Administrative Law Judge's (ALJ) confirmation of a prior order of WSI. In 2014, Ellis began receiving partial disability benefits. In 2016, Ellis underwent a functional capacity assessment and further review by WSI. WSI determined Ellis continued to be eligible to receive partial disability benefits, but at a reduced amount. WSI ordered his partial disability benefits be reduced by the greater of his actual wages or his retained earning capacity as had been determined by WSI. Ellis appealed the WSI order, triggering review by the ALJ. WSI contended the district court lacked subject matter jurisdiction over Ellis’ appeal of the ALJ’s decision because his appeal to the district court was untimely. The North Dakota Supreme Court found the district court lacked subject matter jurisdiction because Ellis failed to timely file his appeal of the ALJ's decision. The Court therefore ordered the district court judgment vacated, and reinstated the decision of the ALJ. View "Ellis v. WSI" on Justia Law
WSI v. Salat, et al.
Bile Salat appealed the discontinuation of his disability benefits. In 2016, Salat slipped and fell at work. On March 31, 2016, WSI accepted liability for a contusion of the lower back and pelvis and a right ankle sprain. By November 2016, an independent medical examination revealed Salat's ankle injury had not healed and was not at pre-injury status, but low back pain was unrelated to the work injury. Salat's personal physician reviewed the IME's opinion and did not have any "objective findings on physical exam to challenge or disagree with his medical opinion." On August 5, 2016, WSI issued an order discontinuing Salat’s disability benefits after June 29, 2016. On December 15, 2016, WSI issued a notice of decision denying further benefits of Salat’s lumbar spine after November 11, 2016. The North Dakota Supreme Court reversed the discontinuation of benefits, finding Salat's physician's statement was misunderstood by the district court as a "blanket agreement" with the independent medical examiner: Salat's physician's "statement is better understood as stating she had no objective findings on physical exam to challenge or disagree with [the IME] opinion regarding the source of Salat’s back pain." On this record, the Supreme Court surmised the ALJ could have reasonably found the two physicians had conflicting medical opinions on the source of continued back pain, and that a "reasoning mind reasonably could determine" Salat suffered low back pain after November 11, 2016 that was attributable to the compensable work injury. View "WSI v. Salat, et al." on Justia Law
Brock v. Price, et al.
Huey Brock appealed judgments dismissing his negligence action against Richard Price and KS Industries, LLC (“LLC”) and awarding Price and LLC costs and disbursements in the amount of $181,467. Price and LLC cross-appealed the judgment awarding costs and disbursements. In 2011, Brock was severely injured in a traffic accident while traveling in a company-owned vehicle with Price and another LLC employee, resulting in Brock becoming quadriplegic. Days later WSI accepted his claim for benefits. In June 2012, Brock, WSI, and LLC entered into a stipulation that Brock would continue to receive WSI benefits while seeking workers’ compensation benefits in California from KS Industries, LP (“LP”). The stipulation further provided that WSI would cease paying benefits if his claim against LP’s insurance carrier were accepted and his attorney would act in trust for WSI in pursuing reimbursement of funds paid in connection with Brock’s claim. Brock then filed an application for California workers’ compensation benefits claiming he was employed by LP at the time of the accident. Based on a California administrative decision, LP’s workers’ compensation carrier commenced paying benefits to Brock and reimbursed WSI all funds expended on Brock. In 2014, WSI issued a notice of decision reversing its prior decision accepting Brock’s claim. In February 2015, Brock brought this negligence action against Price and LLC. Brock moved for summary judgment arguing collateral estoppel based on the California administrative proceedings precluded Price and LLC from arguing LLC was Brock’s employer rather than LP, and therefore his action was not barred by the exclusive remedy provisions of North Dakota law. In November 2018, Price and LLC filed a motion for summary judgment arguing collateral estoppel did not apply and the exclusive remedy provisions applied to bar Brock’s action against LLC and his co-worker, Price. The district court agreed and dismissed the action. The North Dakota Supreme Court affirmed dismissal of the negligence action because it was indeed barred by the Workforce Safety and Insurance Act’s exclusive remedy provisions. The Court reversed the award of costs and disbursements and remanded for the court to hold a hearing on Brock’s objections required by N.D.R.Civ.P. 54(e)(2). View "Brock v. Price, et al." on Justia Law
Plains Trucking, LLC v. Hagar, et al.
Plains Trucking’s petitions sought supervisory writs from the North Dakota Supreme Court in two civil actions that arose out of an explosion on March 27, 2013. One worker, Trevor Davis, was killed, and another worker, Darian Songer Bail, was injured in the explosion that occurred while Davis and Songer Bail were cleaning a crude oil tanker trailer owned by MBI Energy Services. Plains Trucking asserted both Davis and Songer Bail were its employees and that the civil actions were barred by N.D.C.C. title 65. Respondent Songer Bail cross-petitioned for a supervisory writ to direct the district court in his case to vacate its order determining as a matter of law that he was Plains Trucking’s employee on the date of his injury. The cases were consolidated for oral argument to the Supreme Court. Exercising its original jurisdiction, the North Dakota Supreme Court granted Plains Trucking’s petitions and denied Songer Bail’s cross-petition. View "Plains Trucking, LLC v. Hagar, et al." on Justia Law
WSI v. Taylor, et al.
In 2014, Leonard Taylor, then 55 years old, sustained severe work-related injuries when he fell 15 feet while employed as an electrician by Industrial Contractors, Inc. Taylor suffered multiple compression fractures of the thoracic vertebrae, with a fragment impinging the spinal cord resulting in partial paraplegia. Taylor underwent surgery and was diagnosed with a spinal cord injury, incomplete paraplegia at T5-6, neurogenic bowel and bladder, a closed head injury, and neuropathic pain. While at the hospital, Taylor exhibited numerous signs of cognitive dysfunction. Taylor was eventually transferred to a hospital rehabilitation unit where he received physical, occupational, and cognitive therapy. WSI accepted liability for Taylor’s claim and paid him benefits. WSI appealed a judgment affirming an Administrative Law Judge’s (“ALJ”) order finding Taylor had a retained earnings capacity of zero and he had good cause for noncompliance with vocational rehabilitation for failing to perform a good faith work search. Because the ALJ misapplied the law in determining Taylor had zero retained earnings capacity, the North Dakota Supreme Court reversed the judgment and remanded to the ALJ for further proceedings. View "WSI v. Taylor, et al." on Justia Law
Robinson v. WSI
Jack Robinson appeals from a district court judgment affirming a Workforce Safety and Insurance (“WSI”) order finding Robinson personally liable for any unpaid workers’ compensation premiums, penalties, interest, and costs owed by Dalton Logistics, Inc. (“Dalton”). Robinson argues WSI failed to properly serve him with the administrative order resulting in a lack of personal jurisdiction and that his due process rights were violated. The North Dakota Supreme Court found the ALJ failed to make any findings of fact to support its conclusion that Robinson’s motion to dismiss be denied as a matter of law. It therefore reversed the judgment of the district court and remanded to the agency for further proceedings. View "Robinson v. WSI" on Justia Law
WSI v. Sandberg, et al.
Workforce Safety and Insurance (“WSI”) appealed a judgment affirming an administrative law judge’s (“ALJ”) decision that John Sandberg sustained a compensable injury because his repetitive work activities substantially worsened the severity of his preexisting degenerative disc condition. The North Dakota Supreme Court concluded the ALJ’s findings were not sufficient to understand the basis for the decision. The decision was reversed and the matter remanded for further proceedings. View "WSI v. Sandberg, et al." on Justia Law
WSI v. Eight Ball Trucking, Inc., et al.
Eight Ball Trucking, Inc., and David and Laurie Horrocks (collectively “defendants”) appealed from an order entered after the district court denied their motion under N.D.R.Civ.P. 60(b) for relief from a summary judgment. The Horrocks are officers of Eight Ball, a Utah trucking company doing business in North Dakota during the relevant time period. A dispute arose over Eight Ball’s allocation of employees between North Dakota and Utah and Eight Ball’s obligation to procure North Dakota workers compensation insurance for its North Dakota employees. In late March and early April 2016, Workforce Safety & Insurance (“WSI”) commenced an action against the defendants by serving them with a summons and complaint to enjoin them from employing individuals in North Dakota and to collect $802,689.84 in unpaid workers compensation insurance premiums, penalties, and interest. The complaint alleged that WSI had issued an August 28, 2015 notice of an administrative decision finding the Horrocks personally liable for unpaid premiums and penalties owed by Eight Ball, that the Horrocks did not request reconsideration nor appeal from that decision, and that the administrative decision was res judicata. WSI filed the pending lawsuit in district court and moved for summary judgment. According to the Horrocks, they did not respond to the summary judgment motion because they thought they had submitted necessary documentation to WSI to resolve the issue. The district court ultimately granted WSI’s motion for summary judgment, awarding WSI $812,702.79 in premiums, penalties, and costs and disbursements and enjoining Eight Ball from engaging in employment in North Dakota. On December 19, 2016, WSI sent the Horrocks a letter, informing them the judgment had been entered against them on December 15, 2016, and requesting payment. The defendants did not appeal the summary judgment. Defendants moved to set aside the summary judgment on grounds of mistake, inadvertence, surprise or excusable neglect. The district court denied the motion, determining the defendants’ disregard and neglect of the legal process was not excusable neglect and failed to establish extraordinary circumstances necessary to set aside the judgment under N.D.R.Civ.P. 60(b). After review of the district court record, the North Dakota Supreme Court concurred and affirmed judgment. View "WSI v. Eight Ball Trucking, Inc., et al." on Justia Law
Sabo, et al. v. Job Service
James Sabo and Fun-Co., Inc., appealed a judgment affirming a decision of Job Service North Dakota determining Sabo was overpaid unemployment benefits in the amount of $14,638 and requiring him to refund those previously paid benefits. Sabo was an officer, employee, and owner of all shares of stock in Fun-Co., Inc., which operated a bar and restaurant in Fargo. After a fire damaged the building which housed the bar and restaurant, Sabo filed a claim for unemployment benefits. Job Service mailed a reconsidered monetary determination informing Sabo he was entitled to $67 per week for 26 weeks because he failed to disclose that he had a one-fourth or greater ownership interest in Fun-Co., Inc. The reconsidered monetary determination informed Sabo that if he disagreed with the determination, he “must file an appeal no later than 11/21/2017.” Sabo did not appeal. On December 1, 2017, Job Service issued a notice of overpayment and informed Sabo he had twelve calendar days to appeal the overpayment amount. Then, Sabo appealed. Because Job Service’s decision was in accordance with the law and was supported by a preponderance of the evidence, the North Dakota Supreme Court affirmed the judgment. View "Sabo, et al. v. Job Service" on Justia Law