Schiff v. N.D. Workers Comp. Bureau

8 Citing cases

  1. JLY Transport, Inc. v. Workforce Safety & Insurance Fund

    2010 N.D. 215 (N.D. 2010)

    The decision to enter into a stipulation is left to the discretion of WSI. See Schiff v. N.D. Workers Comp. Bur., 480 N.W.2d 732, 735 (N.D. 1992). We must decide whether WSI abused its discretion in entering into the stipulation with Holmgren.

  2. Baier v. North Dakota Workers Comp. Bureau

    2000 N.D. 78 (N.D. 2000)   Cited 5 times

    Baier could have sought a writ of mandamus in district court directing the Bureau to pay benefits in accordance with its original September 4, 1997, order. See Frank v. Traynor, 1999 ND 183, ¶ 9, 600 N.W.2d 516; Lende v. North Dakota WorkersCompensation Bureau, 1997 ND 178, ¶ 25, 568 N.W.2d 755; Tooley v.Alm, 515 N.W.2d 137, 139-40 (N.D. 1994); Schiff v. North DakotaWorkers Compensation Bureau, 480 N.W.2d 732, 733 (N.D. 1992). Where an appeal is not authorized from the Bureau's adverse decision, mandamus is available if the claimant has a clear legal right to performance of the act and there is no other plain, speedy, and adequate remedy in the ordinary course of law. Frank, at ¶ 9; Tooley, 515 N.W.2d at 139-40.

  3. Cladding Technology v. State by Clayburgh

    562 N.W.2d 98 (N.D. 1997)

    We affirm an agency decision unless its findings of fact are not supported by a preponderance of evidence, its conclusions of law are not supported by its findings of fact, its decision is not supported by its conclusions of law, or its decision is not in accordance with the law. Section 28-32-19, N.D.C.C.; Schiff v. North Dakota Workers Compensation Bureau, 480 N.W.2d 732 (N.D. 1992). In this case, after a minor adjustment, we affirm the Tax Commissioner's decision to assess use tax, interest, and penalties against Cladding.

  4. Transystems Services v. North Dakota Workers Compensation Bureau

    550 N.W.2d 66 (N.D. 1996)   Cited 4 times

    We must affirm a Bureau decision unless we conclude that a preponderance of the evidence does not support the findings of fact, that the findings of fact do not support the conclusions of law, or that the decision is not in accordance with the law. Schiff v. N.D. Workers Comp. Bureau, 480 N.W.2d 732, 734 (N.D. 1992); see N.D.C.C. § 28-32-19. "In determining if the findings are supported by a preponderance of the evidence, we do not make independent findings of our own but determine whether or not the record reflects that a reasoning mind could have determined that the factual conclusions were proven by the weight of the evidence."

  5. Held v. North Dakota Workers Compensation Bureau

    540 N.W.2d 166 (N.D. 1995)   Cited 14 times

    Nor did Held present medical evidence that he would be unable to physically perform work as an accounting clerk. See Schiff v. N.D. Workers Comp. Bureau, 480 N.W.2d 732, 734-735 (N.D. 1992). Indeed, Held's treating physician specifically approved the goal of becoming an accounting clerk. The Bureau's finding that Held could physically perform duties as an accounting clerk is supported by the preponderance of the evidence.

  6. Lapp v. Reeder Public School District No. 3

    491 N.W.2d 65 (N.D. 1992)   Cited 4 times
    In Lapp v. Reeder Public School Dist. No. 3, 491 N.W.2d 65 (N.D. 1992), this Court held Lisa Lapp was a resident of the Southwest Special Education Unit for educational purposes, rather than a resident of the Devils Lake School District where she lived with her mother while attending the School for the Deaf, and concluded the defendants were required to make boarding care payments to the Lapps.

    In assessing whether the agency's findings of fact are supported by a preponderance of evidence, we determine only whether the agency reasonably made its factual determinations from the greater weight of all the evidence in the record. Schiff v. N.D. Workers Compensation Bureau, 480 N.W.2d 732, 734 (N.D. 1992). We review the decision of the agency and look to the record compiled before the agency.

  7. Thompson v. N.D. Workers' Comp. Bureau

    490 N.W.2d 248 (N.D. 1992)   Cited 26 times
    Holding that, under North Dakota law, "[i]f there is a possibility that an agreement may be performed within one year, the agreement does not have to be in writing"

    We must affirm the Bureau's decision unless its findings of fact are not supported by a preponderance of evidence, its conclusions of law are not supported by its findings of fact, its decision is not supported by its conclusions of law, or its decision is not in accordance with the law. Schiff v. North Dakota Workers Compensation Bureau, 480 N.W.2d 732 (N.D. 1992). In reviewing the Bureau's findings of fact, our analysis is limited to whether a reasoning mind could have reasonably determined that its findings were proved by the weight of the evidence from the entire record.

  8. Western Gas Resources, Inc. v. Heitkamp

    489 N.W.2d 869 (N.D. 1992)   Cited 20 times
    Stating that a statute is ambiguous if it is susceptible to different rational interpretations

    We affirm an agency decision unless its findings of fact are not supported by a preponderance of evidence, its conclusions of law are not supported by its findings of fact, its decision is not supported by its conclusions of law, or its decision is not in accordance with the law. Section 28-32-19, N.D.C.C.; Schiff v. North Dakota Workers Compensation Bureau, 480 N.W.2d 732 (N.D. 1992). Western argues that field condensate is not "oil" as defined by Section 57-51.