Muldoon v. WSI
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| 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
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| Counsel: |
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| Term: |
10/2012 Argument: 10/09/2012 10:00am
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| ND cite: |
2012 ND 244
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| NW cite: |
823 N.W.2d 761
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 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 |
| 26 | | 01/07/2013 | |
MANDATE |
| 27 | | 02/12/2013 | |
Corrected/Substitute Opinion Pg to Para. 15, Line 8 (liable to liability) and Line 9 (removed ") |