Brendel Construction v. WSI

Citations

• 2021 ND 3

Syllabus

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.