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Brendel Construction v. WSI

Docket No. 20200161
Oral Argument: Monday, October 26, 2020 2:00 PM

Docket Info

Title
Brendel Construction, Inc., Appellant and Cross-Appellee
v.
North Dakota Workforce
Safety & Insurance, Appellee and Cross-Appellant
Case Type
CIVIL APPEAL : WORKERS COMPENSATION
Appeal From
Case No. 2019-CV-03721
South Central Judicial District, Burleigh County
Pamela Ann Nesvig
2021 ND 3953 N.W.2d 612
Oral Argument 10/26/2020

Highlight

On review of an administrative law judge’s findings of fact, this Court determines only whether a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence from the entire record.

Section 65-06-26.2(1), N.D.C.C., allows for the imposition of derivative liability against a general contractor without proof the underling assessment of liability against the subcontractor is final.

Usage of the wage cap in effect per employee reported in the previous payroll report to calculate the amount of the late premiums is permitted under N.D.C.C. § 65-04-19.

Section 28-32-42(1), N.D.C.C., sets the times for appeal for both parties as thirty days from the date of the administrative decision if no petition for reconsideration is timely filed, thirty days after a decision on a petition for reconsideration if a petition is timely filed, or thirty days after the timely filing of a petition for reconsideration if no decision has been issued on the petition.

Briefs

Filing Date Description
07/17/2020 APPELLANT BRIEF View
08/27/2020 APPELLEE BRIEF View
09/16/2020 REPLY BRIEF (Brendel Construction, Inc.) View
09/24/2020 REPLY BRIEF (North Dakota Workforce Safety & Insurance) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Alyssa L. Lovas - 08387
APPELLANT PRIVATE PRACTICE Lawrence E. King - 04997
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 06/09/2020 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)
7 07/17/2020 APPELLANT BRIEF View
8 07/17/2020 Oral Argument Request by Appellant
9 07/17/2020 APPELLANT APPENDIX
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
15 08/27/2020 APPELLEE BRIEF View
16 08/27/2020 APPELLEE APPENDIX
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
31 10/26/2020 APPEARANCES: Lawrence E. King; Jacqueline S. Anderson
32 10/26/2020 ARGUED: Lawrence E. King; Jacqueline S. Anderson
33 10/26/2020 ORAL ARGUMENT WEBCAST
34 01/12/2021 DISPOSITION (and Remanded)
35 01/12/2021 SPLIT OPINION : Jensen, Jon J. View
36 01/12/2021 CONCURRING AND DISSENTING : Crothers, Daniel John
37 01/12/2021 JOIN CONCURRING AND DISSENTING : VandeWalle, Gerald W.
38 01/12/2021 Costs taxed in favor of Appellee
39 01/14/2021 Judgment
40 01/22/2021 Corrected Opinion Page 7, Par. 1, line 3, added the "(y)" to "underling" to make it "underl(y)ing"
41 02/05/2021 MANDATE