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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 : INSURANCE
Appeal From
Case No. 2019-CV-03721
South Central Judicial District, Burleigh County
Pamela Ann Nesvig

Parties' Statement of Issues

  • Appellant

    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.

  • Appellee 1

    [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.
    [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.
    [3] 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.
    [4] Whether the District Court erred in dismissing the Cross-Appeal filed by Workforce Safety and Insurance on the basis it was untimely filed.


Summary

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.


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