Forbes v. Workforce Safety & Ins.
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| 20050431 |
Lynette Forbes, Claimant and Appellant
v.
Workforce Safety and
Insurance Fund, Appellee
and
Mercy Medical Center, Respondent
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| Appeal from: |
District Court,
Northwest Judicial District,
Williams County
Judge Gerald H. Rustad |
|
Nature of Action: |
Workers Compensation
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| Counsel: |
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| Term: |
03/2006 Argument: 03/20/2006 09:30am
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| ND cite: |
2006 ND 208
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| NW cite: |
722 N.W.2d 536
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
Did Workforce Safety & Insurance prove intentional, material fraud by the greater weight of the evidence?
Appellee's Statement of the Issues:
1. Does the greater weight of the evidence indicate that the claimant willfully misrepresented her physical condition to her medical providers and employer?
2. Does the greater weight of the evidence indicate that the claimant willfully failed to disclose income and monies to WSI?
3. Is the claimant required to reimburse WSI for benefits paid based upon her false statements?
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| 1 | | 12/13/2005 | |
NOTICE OF APPEAL: 12/12/2005 |
| 2 | | 01/09/2006 | |
RECORD ON APPEAL with separate entry 5 (Certificate of Record & Transcript (3 volumes)) |
| 3 | | 01/09/2006 | |
DISK - Transcript of WFS Hearing dated 8-20-04 (part of ROA at Entry No. 20) |
| 4 | | 01/23/2006 | |
APPELLANT BRIEF |
| 5 | | 01/23/2006 | |
APPELLANT APPENDIX |
| 6 | | 01/23/2006 | |
DISK - ATB |
| 7 | | 01/26/2006 | |
APPELLEE BRIEF |
| 8 | | 01/26/2006 | |
APPELLEE APPENDIX |
| 9 | | 01/26/2006 | |
DISK - AEB |
| 10 | | 03/20/2006 | |
APPEARANCES: Stephen D. Little; Lawrence E. King |
| 11 | | 03/20/2006 | |
ARGUED: Little; King |
| 12 | | 03/20/2006 | |
ORAL ARGUMENT WEBCAST |
| 13 | | 10/17/2006 | |
DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT |
| 14 | | 10/17/2006 | |
SPLIT OPINION: Maring, Mary Muehlen |
| 15 | | 10/17/2006 | |
(CONCUR & DISSENT): Sandstrom, Dale V.: CON/DIS |
| 16 | | 10/17/2006 | |
(JOIN CONCUR & DISSENT): VandeWalle, Gerald W.: JN/CON |
| 17 | | 10/17/2006 | |
Costs are to be taxed under N.D.C.C. 65-10-03 allowed in the court below |
| 18 | | 10/18/2006 | |
Judgment Mailed to Parties |
| 19 | | 11/13/2006 | |
MANDATE |
| 20 | | 11/17/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |