Summary
The North Dakota Supreme Court affirmed dismissal of Scot Decker’s appeal from a Workforce Safety and Insurance subrogation order. The Court held that N.D.C.C. § 65-10-01 governed the appeal and required it to be filed in the county where the injury occurred or where Decker resided, so the Burleigh County District Court lacked subject matter jurisdiction.
Topics
Practice areas
Questions Presented
- Whether N.D.C.C. § 65-10-01 governed Decker's appeal from WSI's subrogation decision.
- Whether the district court had subject matter jurisdiction when Decker filed the appeal in Burleigh County rather than in the county where the injury occurred or the county where he resided.
- Whether N.D.C.C. § 28-32-42 permitted Decker to appeal in the county where the administrative hearing was held despite the venue designation in N.D.C.C. § 65-10-01.
Holdings
- N.D.C.C. § 65-10-01 applies when a claimant appeals a WSI decision allowing participation in the fund to a lesser degree than claimed and less than the maximum allowance under Title 65; the ALJ's subrogation decision fell within that provision.
- The district court lacked subject matter jurisdiction because Decker filed his appeal in Burleigh County, which was neither the county where the injury occurred nor the county where he resided.
- Section 28-32-42 does not authorize filing in the county where the administrative hearing was held when another statute, N.D.C.C. § 65-10-01, designates the proper district court.
Key quotations
“The statutory requirements for filing a notice of appeal from a WSI decision are jurisdictional, and the appellant must satisfy the statutory requirements for the district court to acquire subject matter jurisdiction.” (¶ 15)
“Under N.D.C.C. § 28-32-42, an appeal may be taken in the county in which the hearing was held only if no district court is designated by law.” (¶ 24)
Factual background
Decker sustained work-related injuries in 2008 and received more than $1.25 million in workers' compensation benefits from WSI. He later obtained a judgment exceeding $2 million against a third party but did not pay WSI's statutory subrogation interest and lien within thirty days of receiving the recovery. WSI issued a subrogation order, and after an administrative hearing the ALJ determined that WSI's interest and lien were subject to the enhanced consequences applicable when the lien is not timely paid. Decker appealed to the Burleigh County District Court even though he resided in Nevada and the injury occurred in Mountrail County.
Procedural history
WSI issued a subrogation order concerning its lien and subrogation interest in Decker's third-party recovery. After an administrative hearing and denial of reconsideration, Decker appealed to the Burleigh County District Court. The district court dismissed the appeal because it was not filed in a county authorized by N.D.C.C. § 65-10-01. The North Dakota Supreme Court affirmed.