North Dakota Supreme Court Allows Subpoena of Bank Records in Fraud Case

A North Dakota court allowed information about an injured worker's earnings to be obtained pursuant to a subpoena of bank records.

In State v. Hammer
, 2010 ND 152, 787 N.W.2d 716 (2010), the Supreme Court of North Dakota affirmed a decision of a state district court that denied a workers compensation claimant's motion to suppress bank records obtained through administrative subpoena duces tecum in a workers compensation fraud case.
The records had been sought to show that the claimant earned, but did not report, income through a mobile home repair business and in selling scrap metal. Based on the unreported earnings, the Workforce Safety & Insurance contended it had paid $24,132.85 in excess benefits. Issuance of the subpoena was within the investigatory powers of WSI. Larson's Workers Compensation Law See Ch. 39
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See for more information. Contact:

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
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