Horob v. Workers Comp. Bureau
v.
North Dakota Workers
Compensation Bureau, Appellee
and
Western, Inc., Respondent
Judge Gerald H. Rustad
| Appellant: | McKennett Stenehjem Forsberg & Hermanson, P.C. | |
| Appellee: | Brent J. Edison , Spec. Asst. Atty. Gen. |
1. Whether the North Dakota Workers Compensation Bureau erred in denying Dean Horob's "Notice of Reapplication" for benefits under Claim No. 75 218 176 T23.
2. Whether the North Dakota Workers Compensation Bureau erred in consolidating Claim No. 75 218 176 T23 and Claim No. 95 446 418 T23.
3. Whether the North Dakota Workers Compensation Bureau erred in not providing Dean Horob with meaningful notice of its consolidation of Claim No. 75 218 176 T23 and Claim No. 95 446 418 T23.
4. Whether Dean Horob made willful, material, purposeful and intentional false statements to North Dakota's Workers Compensation Bureau regarding his work activities and receipt of income.
5. Whether the North Dakota Workers Compensation Bureau disregarded medical evidence on file favorable to Dean Horob.
Appellee's Statement of the Issues:
1. Whether a reasoning mind could reasonably conclude Horob made intentional and material false statements, and willfully failed to notify the Bureau as to the receipt of income.
2. Whether the administrative consolidation of Horob's 1975 and 1995 head injury claims violated Horob's right to due process and a fair hearing.
3. Whether the ALJ was correct in finding a forfeiture of benefits for false statements under both the 1975 claim and the 1995 claim.
4. Whether the ALJ properly rejected Horob's "diminished capacity defense."
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