Muldoon v. WSI

20120273 Brendan Muldoon, Appellant
v.
North Dakota Workforce
Safety and Insurance Fund, Appellee
and
Patrick Lauth Contracting, LLC, Respondent

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven L. Marquart
Nature of Action: Workers Compensation
Counsel:
Appellant: Stephen D. Little
Appellee: Jacqueline Sue Anderson , Spec. Asst. Atty. Gen.
Term: 10/2012   Argument: 10/09/2012  10:00am
ND cite: 2012 ND 244
NW cite: 823 N.W.2d 761

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
106/14/2012 NOTICE OF APPEAL: 06/14/2012
206/18/2012 DISK - tra (Administrative Agency Hearing 2/22/12 & 2/23 & 3/11/11 - 2 vols.) (e-mailed)
307/17/2012 ELEC. RECORD ON APPEAL DATED 07/16/2012 (ENTRY NOS.1-46)
407/24/2012 APPELLANT BRIEF
507/24/2012 APPELLANT APPENDIX
607/24/2012 DISK-ATB (e-mailed)
708/23/2012 APPELLEE BRIEF
808/23/2012 E-FILED BRIEF (e-mailed)
908/23/2012 APPELLEE APPENDIX
1008/23/2012 E-FILED APPENDIX
1108/27/2012 Received $147.00 surcharge for AEB & AEA (Receipt #21470)
1208/28/2012 Received 7 copies of AEB from Central Duplicating
1308/28/2012 Received 6 copies of AEA from Central Duplicating
1408/28/2012 Received additional $1.00 surcharge for AEA (Receipt No. 21476)
1508/31/2012 REPLY BRIEF
1608/31/2012 SUPPLEMENTAL APPELLANT APPENDIX
1708/31/2012 DISK-RYB (E-MAILED)
1809/17/2012 NOTICE OF ORAL ARGUMENT SENT
1910/09/2012 APPEARANCES: Stephen Little/Jacqueline Anderson
2010/09/2012 ARGUED: Little/Anderson
2110/09/2012 ORAL ARGUMENT WEBCAST
2211/27/2012 DISPOSITION: AFFIRMED
2311/27/2012 UNANIMOUS OPINION: Crothers, Daniel John
2411/27/2012 Costs taxed in favor of Appellee
2511/28/2012 Order/Judgment Sent to Parties
2601/07/2013 MANDATE
2702/12/2013 Corrected/Substitute Opinion Pg to Para. 15, Line 8 (liable to liability) and Line 9 (removed ")

Generated from Supreme Court Docket on 10/31/2014