 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Aalund v. North Dakota Workers Compensation Bureau2/15/2001
Appeal from the District Court of McLean County, South Central Judicial District, the Honorable Robert O. Wefald, Judge.
AFFIRMED.
Opinion of the Court by VandeWalle, Chief Justice.
[ ] Clyde Aalund appealed a judgment affirming a Workers Compensation Bureau order adopting an administrative law judge's recommendation that he willfully made material, false statements on reimbursement claims to the Bureau. We hold the Bureau did not err in admitting deposition testimony at the administrative hearing, and the Bureau's finding Clyde willfully made material, false statements on reimbursement claims is supported by a preponderance of the evidence. We affirm.
I.
[ ] The Bureau accepted Clyde's claim for benefits for a work-related injury incurred in 1990. Clyde's brother, Paul Aalund, had suffered a work-related injury in 1987, and the Bureau also awarded Paul benefits for his injury. In the early 1990s, Clyde and Paul were both receiving treatment for their injuries from Dr. Richard Nelson in Billings, Montana. Clyde lived in Billings until 1995, when he moved to northwestern North Dakota. Paul lived in northwestern North Dakota at all times relevant to this proceeding, and he traveled to Billings to see Dr. Nelson on a monthly basis. In 1995, Clyde also began traveling to Billings to see Dr. Nelson on a monthly basis, and Clyde submitted requests for reimbursement for some of his trips to Billings. In August 1998, Paul requested reimbursement for some of his trips to see Dr. Nelson in the preceding year. Clyde had submitted some requests for mileage reimbursement for the same year. A comparison of their reimbursement requests indicated Paul and Clyde were each requesting mileage reimbursement for some trips to see Dr. Nelson on the same date.
[ ] The Bureau hired a private investigator to videotape the Aalunds on a September 29, 1998 visit to Dr. Nelson in Billings. On that date, the Bureau's investigator videotaped Clyde and Paul arriving at Dr. Nelson's office in the same vehicle, leaving in the same vehicle, and driving out of Billings in the same vehicle. The videotape showed Paul was the driver and Clyde was a passenger in the vehicle. Clyde admits he submitted requests to the Bureau for reimbursement for the September 29 trip, and he rode back to North Dakota with Paul. The Bureau issued Clyde a notice of intention to discontinue benefits, denying him further benefits and ordering him to repay the Bureau for previously paid mileage reimbursement. Clyde requested a hearing. After a hearing, an administrative law judge issued a recommended decision finding Clyde had willfully made material false statements in claims to the Bureau for reimbursement, denying him any additional benefits for his 1990 injury, and ordering him to reimburse the Bureau for any benefits paid because of the false statements. The Bureau adopted the recommendation, and the district court affirmed the Bureau's decision.
II.
[ ] On appeal, we review the decision of the 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 constitutional rights, or its rules or procedure deprived the claimant of a fair hearing. Negaard-Cooley v. North Dakota Workers Comp. Bureau, 2000 ND 122, 7, 611 N.W.2d 898. We exercise restraint in deciding whether the Bureau's findings of
Page 1 2 3 4 5 North Dakota Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|