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Snyder v. North Dakota Workers Compensation Bureau2/20/2001
responded "No" on all of the cards except the February 6, 1998, June 1, 1998, October 19, 1998, and December 1, 1998, cards. On the February and June cards the claimant did not respond to the question, but on the October and December 1998 cards he indicated that he had done work and received $80 per month.
XXIII.
The claimant testified in response to questioning from his attorney that he had never denied the activities that he performed at the Midtowner Restaurant and it was his position that such activities did not constitute "work". Instead, he said it was simply therapy.
The TALJ also recommended finding the owner of the Midtowner Restaurant admitted paying Snyder $80 per month and giving him $30-60 of food per month, and that Snyder was listed as an employee with Job Service North Dakota.
[ ] The TALJ recommended concluding: XVI.
. . . This hearing officer concludes, as a matter of law, that the greater weight of the evidence supports a finding that there were false claims or statements made by the claimant, Wilbur Snyder, and that such false statements were made "willfully", and that the act of making the false statements as previously identified in the findings of fact was done intentionally. Further, the greater weight of the evidence has clearly established that the claimant's state of mind was purposeful in making the false statements. Snyder admitted to such at the hearing.
XXV
This hearing officer concludes, as a matter of law, that the false claims or false statements attributable to the claimant (Wilbur Snyder) are sufficiently material and that such false statements could have misle d the Bureau in their determination of the claim. The information provided to the Bureau by the claimant was less than candid and forthright. Such information certainly could have misle d the Bureau in its efforts to verify the claimant's entitlement to continued benefits. The greater weight of the evidence also supports a finding that the claimant's false statements were sufficiently material to support a forfeiture of future benefits.
[ ] The TALJ proposed ordering "that the Bureau's Order Denying Further Benefits be affirmed." In a final order of October 1, 1999, the Bureau modified four of the TALJ's recommended findings and rejected a commentary on the evidence made by the TALJ. The Bureau otherwise adopted the TALJ's recommended findings and conclusions, and ordered "that the Bureau's final Order dated December 21, 1998, is AFFIRMED and that the claimant shall forfeit all further benefits and shall be obligated to repay benefits in the amount of $3,741.64."
[ ] Snyder appealed to the district court, which affirmed the Bureau's order. Snyder appealed to this Court.
II.
[ ] On appeal, we review the decision of the administrative agency, rather than that of the district court, although the district court's analysis is entitled to respect. Wanstrom v. North Dakota Workers Comp. Bureau, 2000 ND 17, 5, 604 N.W.2d 860. "The interpretation of a statute is a question of law, which is fully reviewable by this court." Id. We recently reiterated the scope of our review:
On appeal, we review the decision of the Workers Compensation Bureau. Siewert v. North Dakota Workers Comp. Bureau, 2000 ND 33, 18, 606 N.W.2d 501. Under N.D.C.C. ยงยง 28-32-19 and 28- 32-21, we affirm the Bureau's decision unless its findings of fact are not supported by a preponderance of the evidence, its conclusions of law are not supported by its findings of fact, its decision is not supported by its conclusions of law, its decision is not in accordance with the law or violates the claimant's c
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