Benz Farm, LLP v. Cavendish Farms, Inc.
2011 ND 184
| N.D. | 2011Background
- Weeks sustained a 1993 work injury and a later 1999 disability, leading to permanent total disability benefits and prior offsets.
- WSI offset Weeks' Social Security benefits and paid vocational rehab, then later changed benefit calculations after Weeks’ SSDI converted to Social Security retirement benefits.
- WSI issued notices in 2009 proposing discontinuation/reduction and began an "additional benefit payable" under § 65-05-09.4; reconsideration followed and a 2010 final order applied § 65-05-09.5.
- An ALJ affirmed the 2010 order and held Weeks’s equal protection challenge was outside the ALJ’s authority.
- The district court affirmed, ruling the § 65-05-09.3 classification was rationally related to a legitimate government interest.
- Weeks appeals, arguing equal protection violations under federal and North Dakota constitutions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 65-05-09.3 violates equal protection | Weeks asserts federal and state equal protection violations due to discriminatory wage-loss reductions. | WSI contends classifications are rationally related to governmental interests and merit deference. | Not reached on merits; appeal dismissed for inadequate briefing on the constitutional issue. |
| Whether Weeks waived or failed to adequately brief the constitutional challenge | Weeks preserved and argued equal protection before agency and in district court. | Weeks provided bare assertions without analysis or authorities; no reply brief filed. | The constitutional challenge was not adequately briefed; the court declines to address merits. |
Key Cases Cited
- Snyder v. North Dakota Workers Comp. Bur., 2001 ND 38 (N.D. 2001) (requires detailed argument to raise constitutional issues)
- Olson v. Workforce Safety & Ins., 2008 ND 59 (N.D. 2008) (advocates thorough briefing for constitutional challenges)
- MCI Telecomm. Corp. v. Heitkamp, 523 N.W.2d 548 (N.D. 1994) (presumption of constitutionality; high burden to rebut)
- Richter v. Jones, 378 N.W.2d 209 (N.D. 1985) (statutes presumed constitutional unless clearly invalid)
- Menz v. Coyle, 117 N.W.2d 290 (N.D. 1962) (constitutional challenge requires clear showing)
- Southern Valley Grain Dealers Ass’n v. Board of County Comm’rs, 257 N.W.2d 425 (N.D. 1977) (statutory validity resolved in favor of constitutionality when possible)
- Grand Forks Herald, 2004 ND 192 (N.D. 2004) (requirement of supporting argument and authorities)
- Riemers v. O’Halloran, 2004 ND 79 (N.D. 2004) (must provide reasoned analysis to challenge statute)
- State v. M.B., 2010 ND 57 (N.D. 2010) (burden on challenging constitutionality; rationales for review)