Cherokee Nation Enterprises v. Reed, (2012)

• Decision Date: 07 January 2012
• Docket Number: SC-2012-03
• Citation: Cherokee Nation Enterprises v. Reed (Judicial App. Tribunal Ct. Cherokee Nation 2012)
• Parties: CHEROKEE NATION ENTERPRISES, APPELLANT, HUDSON INSURANCE COMPANY, INSURANCE COMPANY v. DEBORAH L. REED, APPELLEE.
• Court: Judicial App Tribunal Court Cherokee Nation

CHEROKEE NATION ENTERPRISES, APPELLANT, HUDSON INSURANCE COMPANY, INSURANCE COMPANY v. DEBORAH L. REED, APPELLEE.

No. SC-2012-03

Supreme Court of the Cherokee Nation

January 7, 2012

Appeal from District court of the Cherokee NationCase No CV-2010-02, the Hon. Bart Fite, District Judge

Before: Darell R. Matlock, Jr., Chief Justice, Darrell Dowty Justice, Troy Wayne Poteete, Justice, John C. Garrett Justice

OPINION

JUSTICE DOWTY

Abstaining: Wilcoxen, Justice

This appeal comes to this Court for review of the Order of the Hon. Bart Fite, District Judge, dated February 24, 2012 in case no. CV-2010-02.Jurisdiction of this court is pursuant to the Constitution of the Cherokee Nation (1999), Article VIII and Rule 50 of the Rules of the Supreme Court.

FACTUAL AND PROCEDURAL HISTORY

FINDINGS OF THE ARBITRATOR

The Appellee, Deborah L. Reed, brought a workers' compensation claim against the AppellantCherokee Nation Enterprises(CNE) pursuant to The Cherokee Nation Workers' Compensation Act, LA-08-04 as amended by LA-31-05, alleging that she had suffered work-related injuries because a fall at her place of employment on September 30, 2006.The matter was heard before Arbitrator, Victor Seagle on November 19, 2009.

The Arbitrator's Order and finding were issued on December 3, 2009, concluding that the Appellee had suffered an injury to the low back in the form of an aggravation of a pre-existing condition and denying compensation for other alleged injuries.The Arbitrator awarded Total Temporary Disability (TTD) benefits for the period between December 19, 2006 and July 30, 2008, at an agreed rate of $460.05 which amounts to $36,804.00 as requested by the Appellee.The Arbitrator denied requested relief for Continuing Medical Maintenance but required the Appellant to provide Appellee with a medical evaluation to determine the need for such treatment.Attorney fees were awarded with the issue of the amount reserved.

APPEAL TO THE DISTRICT COURT

The AppellantCherokee Nation Enterprises filed timely appeal of the Arbitrator's award to the Cherokee Nation District court, the Hon. Bart Fite presiding.On February 24, 2012, Judge Fite issues his Order affirming the Arbitrator's finding of injury to the low back and the award of TTD compensation and attorney fees.Judge Fite found that Appellee Reed did not meet her burden of proof as to the alleged need for continuing medical maintenance and reversed the Arbitrator's directive for the appointment of a physician for medical evaluation.

APPEAL TO THE SUPREME COURT

Cherokee Nation Enterprises filed timely appeal to this Court.The AppellantCherokee Nation Enterprises alleges that the District Court erred in affirming the Arbitrator's finding of the existence of a low back injury due to aggravation of a pre-existing condition, and in awarding TTD compensation and attorney fees.The Appellant attacks the credibility of the Appellee before the Arbitrator and alleges that the District Court ignored evidence that was contrary of the Arbitrator's findings.

The Appellee alleges that the District Court on review, properly evaluated the evidence in finding the existence of the low back injury due to aggravation of a pre-existing condition citing Section 20 of the Act and Appellee requests that the Arbitrator's award of Total Temporary Disability compensation and attorney fees be affirmed.

SCOPE OF REVIEW

Review by the District Court was confined to the record made before the Arbitrator pursuant to Section 51 of the Workers Compensation Act.This court is asked to review the decision of the District Court for alleged error committed in consideration of the credibility of witness testimony and interpretation of the record and evidence before the Arbitrator.In reviewing the District Court's evidentiary findings, ...