Decker v. WSI
Annotate this CaseIn June 2008, Scot Decker sustained work related injuries while he was working for Cyclone Drilling, Inc. in Mountrail County, North Dakota. WSI accepted liability and Decker received more than $1,250,000 in benefits from WSI. In June 2014, Decker signed a third party notice of legal representation advising WSI that he retained an attorney and planned to bring an action against a third party for the work related injuries. The notice stated Decker would act as a trustee for WSI’s subrogated interest. The notice also included a lien notice, advising that WSI had a lien in the full amount it paid in all benefits for Decker’s claim and that WSI could sue if Decker received any money related to the claim from a third party and WSI did not receive payment of its lien within 30 days of the third party’s payment to Decker. Decker brought an action against I.E. Miller Services, Inc., received a favorable verdict, and was awarded $2,045,972.60 in damages. In December 2018, WSI issued a subrogation order, finding it paid Decker for his work related injury and Decker failed to pay WSI’s subrogation interest and lien within 30 days. Decker requested a hearing before an ALJ. Decker alleged WSI incorrectly applied the law, it inappropriately included in the subrogation order benefits paid related to medical negligence which is the subject of a separate third-party action, and it did not properly determine the amount of its lien. Decker also argued WSI did not have a right to recovery of its lien before attorney’s fees and litigation expenses were paid. The ALJ ruled in favor of WSI, and Decker appealed. Decker argued the district court erred in concluding it does not have jurisdiction and dismissing his appeal. The North Dakota Supreme Court found Decker brought his appeal in Burleigh County District Court, and it was undisputed that Decker did not reside in Burleigh County and that his injuries did not occur in Burleigh County. Because N.D.C.C. 65-10-01 applied and required Decker to bring the appeal in the county where he resided or the county where the injury was inflicted, the Burleigh County district court did not have jurisdiction over the appeal. Dismissal was affirmed.
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