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Snyder v. North Dakota Workers Compensation Bureau2/20/2001
roof of materiality of the nondisclosure for reimbursement purposes, fairness dictates the claimant, not the Bureau, suffer the consequences.
[ ] Snyder failed to disclose work activities and income he received in connection with his unreported work activities. Under Unser, 1999 ND 129, 18, 598 N.W.2d 89, Snyder's failure to report income he received in connection with work activities impeded the Bureau's process of determining eligibility and was, therefore, material. A failure to report work activities similarly impedes the Bureau's process of determining eligibility. Snyder's wrongful concealment of work activities and income he received in connection with work activities, which impeded the Bureau's process of determining his eligibility for disability benefits, is evidence from which a reasoning mind could reasonably find, as the Bureau did, that Snyder willfully made material false statements in connection with his claim.
VI.
[ ] Snyder contends that finding false claims or statements by "the greater weight of the evidence," rather than by "clear and convincing" evidence, violates N.D. Const. art. I, § 21. Snyder did not raise this argument in the specification of errors he submitted to the district court and has not supported his assertion with citations to relevant authority or supportive reasoning. "Parties must do more than submit bare assertions to adequately raise a constitutional issue." Renault v. North Dakota Workers Comp. Bureau, 1999 ND 187, 14, 601 N.W.2d 580. We, therefore, decline to address Snyder's "perfunctory argument" that N.D. Const. art. I, § 21, "requires the Bureau to prove civil violations of N.D.C.C. § 65-05-33 by clear and convincing evidence." Renault, at 14.
VII.
[ ] Snyder contends his reporting failures were "a de minimus violation" and repayment of benefits paid and forfeiture of future benefits constitute an "excessive fine" under the North Dakota and United States constitutions and are "`grossly disproportional' to the infraction." "Generally, issues not adequately briefed or argued on appeal will not be considered." First State Bank v. Moen Enterprises, 529 N.W.2d 887, 893 (N.D. 1995). Without citations to relevant authority or supportive reasoning, an argument is assumed to be without merit. Friedt v. Moseanko, 484 N.W.2d 861, 863 (N.D. 1992). Snyder did not provide any citations to relevant authority or supportive reasoning. His argument is not considered or decided.
VIII.
[ ] The judgment is affirmed.
[ ]Carol Ronning Kapsner
Mary Muehlen Maring
William A. Neumann
William W. McLees, D.J.
Gerald W. VandeWalle, C.J.
[ ] The Honorable William W. McLees, D.J., sitting in place of Sandstrom, J., disqualified.
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