Legal Opinion · Dissent

Howes v. North Dakota Workers Compensation Bureau

North Dakota Supreme Court

Decided September 20, 1988No. Civ. 880036Published

1DissentMeschke, Justice

I respectfully dissent. Howes was effectively denied opportunity to cross-examine adverse medical experts and did not receive a fair hearing.

James Howes worked in the warehouse for Leingang Steel Siding in Mandan. On July 10, 1985, shortly before 5:00 P.M., he was loading windows into a horse trailer. As he hurried out of the trailer, he struck his head on a bar across the back of the trailer. Dr. Larson, who saw him the next day, described his injury:

“He was not rendered unconscious but he did see stars and apparently took a fairly good blow to the head. He then started having headaches…

2Cases cited7 opinions

  1. Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
  2. Beckler v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1988
  3. Hayes v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1988
  4. Colgate-Palmolive Company v. DorganNorth Dakota Supreme Court · 1974
  5. Weber v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1985

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