Wanner v. N.D. Workers Comp. Bureau

20020080 Marvin Wanner, Claimant and Appellant
v.
North Dakota Workers
Compensation Bureau, Appellee

Appeal from: District Court, Southwest Judicial District, Stark County
Judge Zane Anderson
Nature of Action: Workers Compensation
Counsel:
Appellant: Wheeler Wolf
Appellee: Lawrence A. Dopson , Spec. Asst. Atty. Gen.
Appellee: Lawrence E. King , Spec. Asst. Atty. Gen.
Term: 09/2002   Argument: 09/05/2002  10:45am
ND cite: 2002 ND 201
NW cite: 654 N.W.2d 760

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
103/22/2002 NOTICE OF APPEAL: 03/21/2002
204/19/2002 RECORD ON APPEAL, Worker's Comp. Record (2 Vols.) & Supplemental Worker's Comp. Record,
304/19/2002 Depositions (2), Transcripts (2), & Video Tapes (4)
404/23/2002 DISK - TRA's of Hearings dated August 29, 2000 and November 8, 2000
504/23/2002 Ltr from Lori Steckler of Zuger Kirmis & Smith stating Mr. Lawrence A. Dopson is replacing Mr.
604/23/2002 Lawrence King as counsel for AE. dtd 4-23-02
704/30/2002 APPELLANT BRIEF
804/30/2002 APPELLANT APPENDIX
905/02/2002 DISK - ATB (e-mailed)
1005/23/2002 REQ. EXT/TIME APPELLEE BRIEF (faxed letter dated 5-23-02)
1105/23/2002 ACTION BY CLERK. Granted: 06/11/2002
1205/28/2002 Original letter dated May 23, 2002, requesting extension of time
1306/11/2002 APPELLEE BRIEF
1406/11/2002 APPELLEE APPENDIX
1506/11/2002 DISK - AEB
1606/20/2002 REPLY BRIEF
1706/20/2002 DISK - RYB (e-mailed)
1809/05/2002 APPEARANCES: Steven L. Latham; Lawrence E. King
1909/05/2002 ARGUED: Latham; King (Vol. Y; Page 18)
2009/05/2002 ORAL ARGUMENT WEBCAST
2110/15/2002 Notice of Substitution of Counsel (Lawrence King substituted for Larry Dopson)
2212/20/2002 DISPOSITION: REVERSED AND REMANDED
2312/20/2002 SPLIT OPINION: Maring, Mary Muehlen
2412/20/2002 CONCURRING IN RESULT: VandeWalle, Gerald W.: CON/RES
2512/20/2002 (CONCUR): Neumann, William A.: CONCUR
2612/20/2002 (DISSENT): Sandstrom, Dale V.: DISSENT
2712/20/2002 (JOIN DISSENT): Kapsner, Carol Ronning: JN/DIS
2812/20/2002 Costs on appeal taxed under Section 65-10-03, N.D.C.C.
2912/24/2002 Order/Judgment Mailed to Parties
3001/16/2003 MANDATE
3101/21/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3207/14/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/21/2014