Case Details
- Judge(s)
- Jensen, Jon J.
- Status
- Published
- Procedural Posture
- appeal
Related Laws
No specific laws identified for this ruling.
Excerpt
A district court can deviate upward from the presumptive child support guideline amount if it is in the best interest of a child and one or more of the enumerated criteria under N.D. Admin. Code § 75-02-04.1-09(2) is met. A district court's findings explaining why an upward deviation is in the best interest of a child, and explaining the amount of an upward deviation, are explicit enough if the Court is able to understand from them the factual basis for the district court's determination. The mandate rule does not permit a party to relitigate issues which were resolved in a first appeal, and requires a district court to follow the pronouncements of an appellate court within the limits of a remand.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Section 65-01-02(11)(a)(3), N.D.C.C., requires claimants to prove a compensable heart-related injury by showing with reasonable medical certainty their employment caused the injury and unusual stress was at least 50% of the cause of the injury. Objective medical evidence may not be established solely by deductive reasoning.
Claimants must prove by a preponderance of evidence that they have sustained a compensable injury and are entitled to workers' compensation benefits. A claimant must prove that the condition for which benefits are sought is "causally related" to a work injury. To establish a "causal connection," a claimant must demonstrate the claimant's employment was a substantial contributing factor to the injury and need not show employment was the sole cause of the injury. A compensable injury must be established by medical evidence supported by objective medical findings, which may include a physician's medical opinion based on an examination, a patient's medical history, and the physician's education and experience.
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This ruling information is sourced from public court records via CourtListener.com. It is provided for informational and educational purposes only and does not constitute legal advice.