Fettig v. Workforce Safety and Insurance

20060105 Anton Fettig, Claimant and Appellant
v.
Workforce Safety
and Insurance, Appellee

Appeal from: District Court, Southwest Judicial District, Dunn County
Judge Zane Anderson
Nature of Action: Workers Compensation
Counsel:
Appellant: Dietz & Little Lawyers
Appellee: Lawrence A. Dopson , Spec. Asst. Atty. Gen.
Term: 09/2006   Argument: 09/13/2006  09:00am
ND cite: 2007 ND 23
NW cite: 728 N.W.2d 301

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Issues: Appellant's Statement of the Issues:
1. Did WSI prove that Anton Fettig made willful and material misrepresentations regarding his "work" activities and income from employment?
2. Did WSI prove that Mr. Fettig made willful and material misrepresentations regarding his functional capacity?

Appellee's Statement of the Issues:
1. Does the evidence support the administrative agency's determination that the claimant willfully misrepresented his physical condition?
2. Does the evidence support the administrative agency's determination that the claimant willfully failed to advise the agency of his receipt of income from work?

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Docket entries:
104/06/2006 NOTICE OF APPEAL: 04/03/2006
205/05/2006 RECORD ON APPEAL including separates (disk & Tapes) not received were Nos. 2 thru 12
305/05/2006 Clerk indicates 2-12 will be sent shortly. (These were received 6-16-06)
405/05/2006 DISK - tra (11-10-04)
505/12/2006 APPELLANT BRIEF
605/12/2006 APPELLANT APPENDIX
705/12/2006 DISK - atb
806/13/2006 APPELLEE BRIEF
906/13/2006 APPELLEE APPENDIX
1006/13/2006 DISK - AEB
1106/16/2006 Entry Nos. 2-13 for ROA (includes 6 vols. of Workforce Safety's Record, 5 Depos, & 1 Trans of Hrg.)
1209/13/2006 APPEARANCES: Stephen D. Little; Lawrence A. Dopson
1309/13/2006 ARGUED: Little; Dopson
1409/13/2006 ORAL ARGUMENT WEBCAST
1502/28/2007 DISPOSITION: AFFIRMED
1602/28/2007 UNANIMOUS OPINION: Crothers, Daniel John
1702/28/2007 Costs and disbursements to be taxed under N.D.C.C.  65-10-03
1803/01/2007 Judgment Mailed to Parties
1903/26/2007 MANDATE
2004/03/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/21/2008