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Schoch v. N.D. Workforce Safety & Insurance, et al.

Docket No. 20090167
Oral Argument: Thursday, October 29, 2009 9:10am

Docket Info

Title
Dion J. Schoch, Claimant and Appellant
v.
North Dakota Workforce
Safety and Insurance, Appellee
and
Funshine Express Inc., Respondent
Case Type
CIVIL APPEAL : WORKERS COMPENSATION
Appeal From
Case No. 09-C-00021
Southwest Judicial District, Stark County
William A. Herauf
2010 ND 25778 N.W.2d 542
Oral Argument 10/29/2009

Highlight

Claimants seeking to participate in the workers compensation fund must prove a compensable injury by a preponderance of the evidence, which requires the claimant to establish the medical condition for which the claimant seeks benefits is causally related to a work injury.
Claimants making a false claim or a false statement in support of a claim must reimburse WSI for any benefits paid in connection with the false claim or false statement and forfeit any additional future benefits relative to that injury.
If WSI seeks reimbursement for benefits paid because of a false statement, the level of materiality required is proof by WSI that the false claim or false statement caused benefits to be paid in error.
A false claim or false statement is sufficiently material for forfeiture of future benefits if the statement could have misled WSI or medical experts in deciding the claim.
An administrative agency must adequately explain the basis for the agency's decision, must sufficiently address the evidence presented by the appellant, and must correctly apply the law.


Briefs

Filing Date Description
06/16/2009 APPELLANT BRIEF View
07/10/2009 APPELLEE BRIEF (e-filed) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Stephen D Little - 03323
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 06/03/2009 NOTICE OF APPEAL : 05/29/2009
2 06/16/2009 APPELLANT BRIEF View
3 06/16/2009 APPELLANT APPENDIX
4 06/16/2009 DISK - atb (e-mailed)
5 06/26/2009 RECORD ON APPEAL (1 volume & 1 separate)
6 07/10/2009 APPELLEE BRIEF (e-filed) View
7 07/10/2009 E-FILED BRIEF (AEB)
8 07/10/2009 APPELLEE APPENDIX (e-filed)
9 07/10/2009 E-FILED APPENDIX (Appellee's Appendix)
10 07/10/2009 Received $25 surcharge for AEB (receipt #18919)
11 07/16/2009 Received 7 copies of AEB from CSD
12 07/16/2009 Received 6 copies of AEA from CSD
13 10/29/2009 APPEARANCES: Stephen Little/Jacqueline Anderson, Spec. Asst. A.G.
14 10/29/2009 ARGUED: Little/Anderson
15 02/17/2010 DISPOSITION (and Remanded)
16 02/17/2010 SPLIT OPINION : Crothers, Daniel John View
17 02/17/2010 (Dissenting in Part and Concurring in Part) : Maring, Mary Muehlen
18 02/17/2010 (Concurring in Part and Dissenting in Part) : Kapsner, Carol Ronning
19 02/17/2010 Costs are awarded under N.D.C.C. 65-10-03
20 02/18/2010 Judgment Sent to Parties
21 03/16/2010 MANDATE
22 03/18/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE