Sjostrand v. North Dakota Workers Compensation Bureau

[¶ 44] Because I am of the opinion the Bureau must prove a violation of N.D.C.C. § 65-05-33 by clear and convincing evidence, I respectfully dissent.

I

[¶ 45] The sections of N.D.C.C. § 65-05-33, pertinent to this case provide:

1. A person who claims benefits or payment for services under this title or the employer of a person who claims benefits or payments for services is guilty of a class A misdemeanor if the person or employer does any one or more of the following:

a. Willfully files a false claim or makes a false statement in an attempt to secure payment of benefits or payment for services.

b.…