Justia Labor & Employment Law Opinion Summaries

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.

Plaintiff-Appellant Dennis Meier appealed a judgment dismissing his appeal from an administrative law judge's (ALJ) decision. The ALJ affirmed a decision by the Department of Human Services to terminate Plaintiff's employment. Upon review of the matter, the Supreme Court affirmed, concluding Plaintiff did not properly perfect his appeal because he failed to serve the notice of appeal and specifications of error on Human Resource Management Services.

Plaintiff-Appellant Danni Lynch appealed a district court's grant of summary judgment dismissing her action against The New Public School District No. 8 for breach of contract, damage to professional reputation, intentional infliction of emotional harm and negligent infliction of emotional harm. Appellant had taught fifth grade classes at Stony Creek school for eighteen years. In 2008, she was informed she would be transferred to Round Prairie school to teach second grade. She sent a letter to the District's superintendent asking why she was being transferred. The District responded that the decision to transfer her was made "to promote the best interests of the students" and that the decision would not be changed. Appellant did not show on the first day she was to teach second grade; the District construed Appellant's letter explaining why she was a no-show as a resignation. Appellant then filed suit against the District. Upon review, the Supreme Court concluded that: (1) Appellant was not entitled to a notice of nonrenewal; (2) the District did not violate its grievance procedures; and (3) the district court did not abuse its discretion in denying Appellant's motion to compel discovery. Accordingly, the Court affirmed the district court's judgment.

Appellant Robert Johnson appealed a district court's judgment affirming an administrative law judge's (ALJ) decision that North Dakota Workforce Safety Insurance (WSI) was not liable for his right shoulder condition, and that he had a retained earnings capacity of $290.00 per week. Upon review, the Supreme Court concluded that "a reasoning mind" reasonably could have found Appellant failed to establish by a preponderance of the evidence that his right shoulder pain was substantially accelerated or substantially worsened by his work injury and vocational training, and that WSI proved Appellant had a retained earnings capacity of $290.00 per week. Accordingly, the Court affirmed WSI's judgment.

Appellant Beverly Fetzer appealed a district court judgment that affirmed a Workforce Safety and Insurance (WSI) order denying her request for benefits. While walking down a hallway on her employer's premises and during work hours, Appellant thought she heard someone call her name. Turning in response, she caught her foot and fell, fracturing her left hip and wrist. No cause of the fall was apparent. Appellant filed a claim for workers' compensation benefits with WSI, and WSI denied her claim. Appellant submitted a request for reconsideration; WSI issued an order consistent with its prior decision, determining Appellant’s injury "occurred in the course of, but did not arise out of" her employment. WSI added, "Mere walking, without more, is not an activity that is sufficiently linked to Claimant's employment so that the injury can be deemed to have arisen from employment." Upon review, the Supreme Court affirmed: “If merely being at work was sufficient to show causation, the legislature need not have required the 'arising out of' test." Appellant was unable to prove a causal connection between her employment and injury.