Schoch v. N.D. Workforce Safety & Insurance, et al.
- Dion J. Schoch, Claimant and Appellant
North Dakota Workforce
Safety and Insurance, Appellee
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
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.
(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|
|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.|
|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|
|22||03/18/2010||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|