Wanner v. N.D. Workers Comp. Bureau
Marvin Wanner, Claimant and Appellant
North Dakota Workers
Compensation Bureau, Appellee
Southwest Judicial District,
Judge Zane Anderson
|Nature of Action:||Workers Compensation|
|Term:||09/2002  Argument: 09/05/2002 10:45am|
|ND cite:||2002 ND 201|
654 N.W.2d 760
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. The bureau erred in using a preponderance of evidence standard rather than a clear and convincing evidence standard to prove a false statement pursuant to section 65-05-33 N.D.C.C.
II. The bureau erred in accepting and relying on the investigation and testimony of private investigator Don Schneider.
III. The bureau erred in finding that Wanner willfully made false statements regarding income from his vegetable garden.
IV. The bureau erred in finding that Wanner willfully made false statements regarding his activities at the Roller farm.
V. Wanner's statements on his monthly reports to the bureau were not material to forfeiture of future benefits.
Vi. The forfeiture of all future disability and medical benefits violates the contract between an injured worker and the state for sure and certain relief.
Appellee's Statement of the Issues:
1. Did Marvin Wanner wilfully fail to report income and work activities to North Dakota Workers Compensation?
2. Were Marvin Wanner's false statements to North Dakota Workers Compensation material.?
3. Does the application of NDCC 65-05-33 to deny Marvin Wanner future benefits deny sure and certain relief?
4. Does NDCC 65-05-33 require North Dakota Workers Compensation to prove a false statement by clear and convincing evidence or merely by a preponderance of the evidence?
5. Did North Dakota Workers Compensation improperly rely on the evidence offered by its investigator?
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|1||03/22/2002||NOTICE OF APPEAL: 03/21/2002|
|2||04/19/2002||RECORD ON APPEAL, Worker's Comp. Record (2 Vols.) & Supplemental Worker's Comp. Record,|
|3||04/19/2002||Depositions (2), Transcripts (2), & Video Tapes (4)|
|4||04/23/2002||DISK - TRA's of Hearings dated August 29, 2000 and November 8, 2000|
|5||04/23/2002||Ltr from Lori Steckler of Zuger Kirmis & Smith stating Mr. Lawrence A. Dopson is replacing Mr.|
|6||04/23/2002||Lawrence King as counsel for AE. dtd 4-23-02|
|9||05/02/2002||DISK - ATB (e-mailed)|
|10||05/23/2002||REQ. EXT/TIME APPELLEE BRIEF (faxed letter dated 5-23-02)|
|11||05/23/2002||ACTION BY CLERK. Granted: 06/11/2002|
|12||05/28/2002||Original letter dated May 23, 2002, requesting extension of time|
|15||06/11/2002||DISK - AEB|
|17||06/20/2002||DISK - RYB (e-mailed)|
|18||09/05/2002||APPEARANCES: Steven L. Latham; Lawrence E. King|
|19||09/05/2002||ARGUED: Latham; King (Vol. Y; Page 18)|
|20||09/05/2002||ORAL ARGUMENT WEBCAST|
|21||10/15/2002||Notice of Substitution of Counsel (Lawrence King substituted for Larry Dopson)|
|22||12/20/2002||DISPOSITION: REVERSED AND REMANDED|
|23||12/20/2002||SPLIT OPINION: Maring, Mary Muehlen|
|24||12/20/2002||CONCURRING IN RESULT: VandeWalle, Gerald W.: CON/RES|
|25||12/20/2002||(CONCUR): Neumann, William A.: CONCUR|
|26||12/20/2002||(DISSENT): Sandstrom, Dale V.: DISSENT|
|27||12/20/2002||(JOIN DISSENT): Kapsner, Carol Ronning: JN/DIS|
|28||12/20/2002||Costs on appeal taxed under Section 65-10-03, N.D.C.C.|
|29||12/24/2002||Order/Judgment Mailed to Parties|
|31||01/21/2003||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|32||07/14/2008||EXPUNGED - Nonpermanent record items destroyed|