Neuhalfen v. WSI, et al.
Docket Info
- Title
- Scott Neuhalfen, Claimant and Appellant
v.
North Dakota Workforce
Safety & Insurance Fund, Appellee
and
Marketplace Foods, Respondent - Case Type
- CIVIL APPEAL : WORKERS COMPENSATION
- Appeal From
-
Case No. 07-C-02039
North Central Judicial District, Ward County
William W. McLees
Highlight
To trigger civil penalties for making a false statement in connection with a claim for WSI benefits, WSI must prove: (1) there is a false claim or statement; (2) the false claim or statement is willfully made; and (3) the false claim or statement is made in connection with any claim or application for benefits.
Based upon the civil penalty sought, there are two tests to determine the "materiality" of a willful false statement. If WSI seeks reimbursement for benefits paid, the level of materiality required is proof by WSI that the false claim or false statement caused the benefits to be paid in error. If WSI seeks only forfeiture of future benefits, however, no such causal connection is required.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | SPEC. ASST. ATTY. GEN. | Jacqueline Sue Anderson - 05322 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 07/18/2008 | NOTICE OF APPEAL : 07/16/2008 | |
| 2 | 07/18/2008 | ANNOUNCED DISQUALIFICATION : Crothers, Daniel John | |
| 3 | 08/15/2008 | RECORD ON APPEAL & separate (WSI Certificate of Record on Appeal). | |
| 4 | 08/19/2008 | DISK - Admin. Agency Transcript dated 6-19-07 (CD ROM) | |
| 5 | 08/25/2008 | APPELLANT BRIEF | View |
| 6 | 08/25/2008 | APPELLANT APPENDIX | |
| 7 | 08/25/2008 | DISK of ATB | |
| 8 | 09/19/2008 | APPELLEE BRIEF (e-filed) | View |
| 9 | 09/19/2008 | E-FILED BRIEF (AEB) | |
| 10 | 09/22/2008 | RECEIVED $25 SURCHARGE FOR AEB (RECEIPT #18248). | |
| 11 | 09/24/2008 | Received 7 copies of AEB from Central Duplicating | |
| 12 | 10/22/2008 | SITTING WITH THE COURT : McClintock, Jr., John C. | |
| 13 | 11/10/2008 | APPEARANCES: Stephen D. Little; Jacqueline S. Anderson | |
| 14 | 11/10/2008 | ARGUED: Little; Anderson | |
| 15 | 11/10/2008 | ORAL ARGUMENT WEBCAST | |
| 16 | 05/15/2009 | DISPOSITION | |
| 17 | 05/15/2009 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
| 18 | 05/15/2009 | Costs & disbursements to be taxed under N.D.C.C.65-10-03 | |
| 19 | 05/18/2009 | Judgment e-mailed to Parties | |
| 20 | 06/09/2009 | MANDATE | |
| 21 | 06/10/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 22 | 02/26/2020 | EXPUNGED - Nonpermanent record items destroyed |