Snyder v. ND Workers Comp. Bureau
Wilbur Snyder, Claimant and Appellant
North Dakota Workers
Compensation Bureau, Appellee
South Central Judicial District,
Judge Gail Hagerty
|Nature of Action:||Workers Compensation|
|Term:||11/2000  Argument: 11/09/2000|
|ND cite:||2001 ND 38|
622 N.W.2d 712
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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|1||07/18/2000 NOTICE OF APPEAL: 07/17/2000|
|2||07/18/2000 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.|
|3||08/16/2000 RECORD ON APPEAL, Certificate of Record from Workers Comp., Trans. dated 6-30-99 & 3 video tapes|
|4||08/22/2000 DISK - TRA (6-30-99)|
|5||08/25/2000 APPELLANT BRIEF,|
|6||08/25/2000 APPELLANT APPENDIX|
|7||08/28/2000 DISK - ATB|
|8||09/06/2000 REPLACEMENT APPELLANT APPENDIX|
|9||09/06/2000 Corrected TOA, and pages for ATB|
|10||09/06/2000 DISK - Corrected ATB|
|11||09/08/2000 Copies of Judgment of 5-30-00 for ATA and 1 cy of Aff. of Service|
|12||09/21/2000 APPELLEE BRIEF|
|13||09/21/2000 APPELLEE APPENDIX|
|14||09/22/2000 DISK - AEB|
|15||10/25/2000 SITTING WITH THE COURT: McLees, William W.|
|16||11/09/2000 APPEARANCES: Deborah J. Carpenter; Lawrence E. King|
|17||11/09/2000 ARGUED: Carpenter; King (Vol. X; page 81)|
|18||02/20/2001 DISPOSITION: AFFIRMED|
|19||02/20/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning|
|20||02/20/2001 Costs on appeal awarded pursuant to NDCC 65-10-03|
|21||02/20/2001 Order/Judgment Mailed to Parties|
|23||03/21/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|24||06/28/2007 EXPUNGED - Nonpermanent record items destroyed|