Risovi v. Job Service North Dakota
2014 ND 60
| N.D. | 2014Background
- Risovi was disqualified from unemployment benefits for Nov 4, 2012–Oct 26, 2013 for misrepresenting earnings.
- Job Service issued initial determination on Nov 5, 2012; Risovi appealed the determination.
- Appeals referee found Risovi misrepresented January 2012 earnings and affirmed the denial.
- District court affirmed the appeals referee, concluding fraudulent intent rather than mistake.
- Risovi argued he reported $260/week to continue benefits and disputed the salary arrangement.
- Risovi also challenged service of the respondent’s brief as defective, but the issue was not preserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False statements to obtain benefits | Risovi contends no willful falsehood to defraud Job Service | Job Service and referee found intentional misrepresentation to obtain benefits | Affirmed; misrepresentation supported by preponderance of evidence |
| Applicable standard of review | District court erred in reweighing credibility | Agency findings deferentially reviewed; credibility weighed by factfinder | Agency findings upheld under deferential review |
| Service certificate issue | Defect in service could default Job Service | No preservation; service defect not raised below | Issue not decided; not preserved for review |
Key Cases Cited
- Hopfauf v. N.D. Workers Compensation Bureau, 2000 ND 94 (North Dakota (2000)) (state-of-mind required for false statements; credibility governs intent)
- Willits v. Job Service N.D., 2011 ND 135 (North Dakota (2011)) (deferential review of findings of fact; credibility as factfinder role)
- Gottus v. Job Service N.D., 2011 ND 204 (North Dakota (2011)) (agency findings reviewed for legal error and factual support)
- Marion v. Job Service N.D., 470 N.W.2d 609 (North Dakota (1991)) (standard of review for contested agency decisions)
- Bjerklie v. Workforce Safety and Ins., 2005 ND 178 (North Dakota (2005)) (statutory interpretation and review in agency decisions)
- State ex rel. N.D. Dep’t of Labor v. Riemers, 757 N.W.2d 50 (North Dakota (2008)) (preservation and review of agency actions)
- Beeter v. Sawyer Disposal LLC, 2009 ND 153 (North Dakota (2009)) (notice doctrine on issues not raised in district court)
- Christofferson v. N.D. Dep’t of Health, 742 N.W.2d 799 (North Dakota (2007)) (procedural considerations in administrative appeals)