Brendel Construction v. WSI
- Brendel Construction, Inc., Appellant and Cross-Appellee
North Dakota Workforce
Safety & Insurance, Appellee and Cross-Appellant
- Case Type
- CIVIL APPEAL : INSURANCE
- Appeal From
Case No. 2019-CV-03721
South Central Judicial District, Burleigh County
Pamela Ann Nesvig
Parties' Statement of Issues
1. Whether Brendel Construction, Inc. is liable for unpaid workers compensation premium owned by Alfredo Frias under N.D.C.C. Section 65-04-26.2;
2. Whether Brendel Construction, Inc. must pay the sum of $47,930.52 for unpaid workers compensation premium and noncompliance penalties of Alfredo Frias; and
3.Whether Randy Brendel is personally liable for unpaid workers compensation premiums and noncompliance penalties under N.D.C.C. Section 65-04-26.1.
 Whether the ALJ could reasonably conclude that Brendel Construction, Inc. is liable for unpaid workers compensation premium attributable to the Alfredo Frias account under N.D.C.C. § 65-04-26.2.
 Whether the ALJ could reasonably conclude that the premium calculation for the uninsured account of Alfredo Frias was properly calculated in the absence of reliable payroll information.
 Whether the ALJ correctly determined that Workforce Safety and Insurance could proceed against Brendel Construction, Inc. under N.D.C.C. § 65-04-26.2 after it mailed a Notice of Decision to Frias in the absence of a final judgment against Frias.
 Whether the District Court erred in dismissing the Cross-Appeal filed by Workforce Safety and Insurance on the basis it was untimely filed.
Brendel Construction appeals from a district court’s judgment affirming an Administrative Law Judge’s (ALJ) order determining Brendel Construction was liable for unpaid workers compensation premiums and determining Randy Brendel was personally liable for the unpaid workers compensation premiums. North Dakota Workforce Safety and Insurance (WSI) cross-appeals the district court’s order dismissing WSI’s cross-appeal as untimely filed.
In March 2018, WSI determined Brendel Construction was liable as a general contractor for unpaid workers compensation premiums for Alfredo Frias and Daniel Alvidrez, persons identified as subcontractors of Brendel Construction. WSI alleged Brendel Construction was responsible to pay the unpaid premiums for persons employed by Frias and Alvidrez. WSI issued an administrative order against Brendel Construction for general contractor liability. Following an administrative hearing on the order, the ALJ determined Brendel Construction was liable for the unpaid premiums and noncompliance penalties against Frias, but Brendel Construction was not liable for unpaid premiums and noncompliance penalties against Alvidrez.
Brendel Construction appealed the ALJ’s determination regarding liability for Frias to the district court. WSI cross-appealed the ALJ’s determinations regarding liability for Alvidrez. The court affirmed the ALJ’s decision that Brendel Construction was liable for unpaid workers compensation premiums attributed to the Alfredo Frias account and determined Randy Brendel was personally liable for the unpaid premiums. On WSI’s cross-appeal, the court dismissed the claim as untimely filed.
On appeal, Brendel Construction argues the district court erred in affirming the ALJ’s determination. First, Brendel Construction argues it is not liable for workers compensation premiums owed by Frias and should not be required to pay the sum for the unpaid premiums and noncompliance penalties. Second, Brendel Construction argues Randy Brendel is not personally liable for the unpaid premiums and noncompliance penalties. Third, Brendel Construction argues the method used by WSI to calculate premiums was improper. On cross-appeal, WSI argues the court erred in dismissing its cross appeal on the basis the appeal was untimely filed.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||06/09/2020||NOTICE OF APPEAL : 06/09/2020|
|2||06/12/2020||Received $125 filing fee|
|3||06/12/2020||NOTICE OF CROSS APPEAL|
|4||06/17/2020||NOT. OF FILING NOT. OF APPEAL, NOT. OF CROSS-APPEAL, AND PROOF OF SERV.|
|5||06/17/2020||Notice served on Stephen D. Little and Jacqueline S. Anderson|
|6||07/14/2020||ELEC. RECORD ON APPEAL DATED JUNE 13, 2020 (ENTRY NOS.1-289)|
|8||07/17/2020||Oral Argument Request by Appellant|
|10||07/21/2020||Rec'd non-substantive corrections to ATB|
|11||07/23/2020||Rec'd $18.50 for 37 pages over 100 in ATA (receipt #27790)|
|12||07/24/2020||Rec'd 5 copies of ATB and 4 copies of ATA back from CSD|
|13||08/12/2020||MOT. EXT/TIME APPELLEE BRIEF|
|14||08/12/2020||ACTION BY CLERK - Granted : 08/31/2020|
|17||08/27/2020||Oral Argument Request by Appellee|
|18||08/28/2020||Rec'd 5 copies of AEB & 4 copies of AEA from CSD|
|19||08/31/2020||Rec'd $14.50 e-filing surcharge for AEA|
|20||09/04/2020||Substitution of Counsel for Brendal Construction|
|21||09/04/2020||MOT. EXT/TIME REPLY BRIEF|
|22||09/06/2020||ACTION BY CLERK - Granted : 09/18/2020|
|23||09/16/2020||REPLY BRIEF (Brendel Construction, Inc.)||View|
|24||09/17/2020||Rec'd non-substantive corrections to RYB|
|25||09/17/2020||Rec'd c.o.s. for non-substantive corrections to RYB|
|26||09/18/2020||Rec'd 5 copies of RYB from CSD|
|27||09/22/2020||NOTICE OF ORAL ARGUMENT SENT|
|28||09/24/2020||REPLY BRIEF (North Dakota Workforce Safety & Insurance)||View|
|29||09/25/2020||Rec'd new Certificate of Service for RYB(North Dakota Workforce Safety & Insurance)|
|30||09/29/2020||Rec'd 5 copies of RYB back from CD|