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 10:00am|
|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)|
|8||08/23/2012||E-FILED BRIEF (e-mailed)|
|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)|
|16||08/31/2012||SUPPLEMENTAL APPELLANT APPENDIX|
|18||09/17/2012||NOTICE OF ORAL ARGUMENT SENT|
|19||10/09/2012||APPEARANCES: Stephen Little/Jacqueline Anderson|
|21||10/09/2012||ORAL ARGUMENT WEBCAST|
|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 ")|