Snyder v. ND Workers Comp. Bureau

20000204 Wilbur Snyder, Claimant and Appellant
v.
North Dakota Workers
Compensation Bureau, Appellee

Appeal from: District Court, South Central Judicial District, Morton County
Judge Gail Hagerty
Nature of Action: Workers Compensation
Counsel:
Appellant: Carpenter Law Offices
Appellee: Lawrence E. King , Spec. Asst. Atty. Gen.
Term: 11/2000   Argument: 11/09/2000  9:30am
ND cite: 2001 ND 38
NW cite: 622 N.W.2d 712


Issues: Appellant's Statement of the Issues:
Whether the Bureau was entitled to seek return to work information after the claimant was placed on permanent total disability and after he reached retirement age under the "old" law?
Whether the Bureau provided adequate procedural due process prior to terminating Wilbur's benefits?
Whether the Bureau sustained its burden of proof relating to false statements?
Whether the Bureau clearly erred in determining the burden of proof necessary to establish fraud in the workers' compensation context?
Whether the allegation of false statements is a de minimus violation, and the result is grossly disproportional to the violation?

Appellee's Statement of the Issues:
I. Whether a reasoning mind could reasonably have concluded that Snyder wilfully failed to report income and work activities in violation of  65-05-33, N.D. Cent. Code.
II. Whether the Bureau is entitled to repayment of benefits paid based upon Snyder's false statements pursuant to  65-05-33.
III. Whether Snyder raised his procedural due process challenge in a timely manner.
IV. Whether forfeiture of Snyder's future benefits is an excessive fine.
V. Whether Snyder was required to complete return to work cards pursuant to  65-05-08.

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Docket entries:
107/18/2000 NOTICE OF APPEAL: 07/17/2000
207/18/2000 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
308/16/2000 RECORD ON APPEAL, Certificate of Record from Workers Comp., Trans. dated 6-30-99 & 3 video tapes
408/22/2000 DISK - TRA (6-30-99)
508/25/2000 APPELLANT BRIEF,
608/25/2000 APPELLANT APPENDIX
708/28/2000 DISK - ATB
809/06/2000 REPLACEMENT APPELLANT APPENDIX
909/06/2000 Corrected TOA, and pages for ATB
1009/06/2000 DISK - Corrected ATB
1109/08/2000 Copies of Judgment of 5-30-00 for ATA and 1 cy of Aff. of Service
1209/21/2000 APPELLEE BRIEF
1309/21/2000 APPELLEE APPENDIX
1409/22/2000 DISK - AEB
1510/25/2000 SITTING WITH THE COURT: McLees, William W.
1611/09/2000 APPEARANCES: Deborah J. Carpenter; Lawrence E. King
1711/09/2000 ARGUED: Carpenter; King (Vol. X; page 81)
1802/20/2001 DISPOSITION: AFFIRMED
1902/20/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning
2002/20/2001 Costs on appeal awarded pursuant to NDCC 65-10-03
2102/20/2001 Order/Judgment Mailed to Parties
2203/15/2001 MANDATE
2303/21/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2406/28/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/31/2014