Fischer v. North Dakota Workers Compensation Bureau

SANDSTROM, Justice.

Ricky Fischer appeals a Workers Compensation Bureau order denying him benefits based on a significant change in medical condition since benefits were last changed. We reverse. The bureau’s unreopened earlier order is res judicata as to the claimant’s medical condition at that time. To deny benefits because of no significant change in condition, the bureau wrongly held the claimant’s condition was actually worse than it found in its earlier order.

I

In 1990, the bureau awarded rehabilitation benefits relating to Fischer’s 1989 work-re lated injury. Although there was some…