Stout v. North Dakota Workmen's Compensation Bureau

SAND, Judge.

(Concurring specially with modification.)

The proposed opinion properly concludes that the injury sustained by the employee is compensable under the North Dakota Workmen’s Compensation Act. With this I agree. However, the opinion does not, but should, give recognition to § 65-05-15, N.D. C.C., which relates to the aggravation of an injury or a disease existing prior to a com-pensable injury and provides that the benefits be pro-rated on a proportional basis depending upon the extent of the aggravation which is determined from all the facts surrounding the incident. The workmen’s…