| 9:10am | Thursday, October 29, 2009 | ||||||
| 20090167 |
Dion J. Schoch, Claimant and Appellant
v. North Dakota Workforce Safety and Insurance, Appellee and Funshine Express Inc., Respondent | ||||||
| Appeal from: | Southwest Judicial District, Stark County, Judge William A. Herauf | ||||||
| Nature of Action: | Workers Compensation | ||||||
| Counsel: |
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| Issues: |
Appellant's Statement of the Issues: A. Did Workforce Safety & Insurance prove, by the greater weight of the evidence, that Dion Schoch committed willful, material fraud in his claim for workers compensation benefits? B. Has Dion Schoch, shown by the greater weight of the evidence, that he sustained a compensable, work-related injury, on October 1, 2001? Appellee's Statement of the Issues: 1. Whether WSI could reasonably determine that Schoch willfully made material false statements concerning treatment he received from Dr. Ficek and therefore pursuant to N.D.C.C. 65-05-33, Schoch must forfeit additional benefits and repay WSI the sum of $6,718.81 for benefits paid in error. 2. Whether WSI could reasonably determine that Schoch failed to establish that his L4-5 disc herniation was due to a work injury suffered on October 1, 2001. | ||||||
| Briefs: |
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Generated from Supreme Court Docket on 11/16/2009 | |||||||