Muldoon v. WSI
Brendan Muldoon, Appellant
North Dakota Workforce
Safety and Insurance Fund, Appellee
Patrick Lauth Contracting, LLC, Respondent
East Central Judicial District,
Judge Steven L. Marquart
|Nature of Action:||Workers Compensation|
|Term:||10/2012  Argument: 10/09/2012|
|ND cite:||2012 ND 244|
823 N.W.2d 761
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1)Whether Brendan Muldoon was an employer as defined by N.D.C.C. Section 65 01 02(17) of Aaron Maves et al.
2)Whether Mr. Muldoon willfully violated N.D.C.C., Section 65 05 33 by failing to secure workers compensation coverage in 2008 for Aaron Maves et al.
3)Whether Mr. Muldoon was personally liable for premiums and penalties owed to WSI.
Appellee's Statement of the Issues:
1) Whether the ALJ could reasonably conclude that Muldoon was an employer as defined under N.D.C.C. 65-01-02(17).
2) Whether the ALJ could reasonably conclude that Muldoon willfully violated N.D.C.C. 65-04-33 by failing to secure workers' compensation coverage.
3) Whether the ALJ could reasonably conclude that Muldoon is personally liable for premiums and penalties owed to WSI.
4) Whether the common law test for independent contractor status was applicable to the determination of Muldoon's relationship to Patrick Lauth Contracting.
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|1||06/14/2012 NOTICE OF APPEAL: 06/14/2012|
|2||06/18/2012 DISK - tra (Administrative Agency Hearing 2/22/12 & 2/23 & 3/11/11 - 2 vols.) (e-mailed)|
|3||07/17/2012 ELEC. RECORD ON APPEAL DATED 07/16/2012 (ENTRY NOS.1-46)|
|4||07/24/2012 APPELLANT BRIEF|
|5||07/24/2012 APPELLANT APPENDIX|
|6||07/24/2012 DISK-ATB (e-mailed)|
|7||08/23/2012 APPELLEE BRIEF|
|8||08/23/2012 E-FILED BRIEF (e-mailed)|
|9||08/23/2012 APPELLEE APPENDIX|
|10||08/23/2012 E-FILED APPENDIX|
|11||08/27/2012 Received $147.00 surcharge for AEB & AEA (Receipt #21470)|
|12||08/28/2012 Received 7 copies of AEB from Central Duplicating|
|13||08/28/2012 Received 6 copies of AEA from Central Duplicating|
|14||08/28/2012 Received additional $1.00 surcharge for AEA (Receipt No. 21476)|
|15||08/31/2012 REPLY BRIEF|
|16||08/31/2012 SUPPLEMENTAL APPELLANT APPENDIX|
|17||08/31/2012 DISK-RYB (E-MAILED)|
|18||09/17/2012 NOTICE OF ORAL ARGUMENT SENT|
|19||10/09/2012 APPEARANCES: Stephen Little/Jacqueline Anderson|
|20||10/09/2012 ARGUED: Little/Anderson|
|21||10/09/2012 ORAL ARGUMENT WEBCAST|
|22||11/27/2012 DISPOSITION: AFFIRMED|
|23||11/27/2012 UNANIMOUS OPINION: Crothers, Daniel John|
|24||11/27/2012 Costs taxed in favor of Appellee|
|25||11/28/2012 Order/Judgment Sent to Parties|
|27||02/12/2013 Corrected/Substitute Opinion Pg to Para. 15, Line 8 (liable to liability) and Line 9 (removed ")|