Wanstrom v. North Dakota Workers Compensation Bureau

VANDE WALLE, Chief Justice.

[¶ 1] Orlyn Wanstrom appealed from a district court judgment affirming a Workers Compensation Bureau decision dismissing Wanstrom’s claim. The Bureau held because Wanstrom filed his claim after July 1, 1997, he was subject to N.D.C.C. § 65-01-15 (1995), and thus prohibited from using the presumption under N.D.C.C. § 65-01-02(18)(d) (1995). We hold the Bureau erred as a matter of law by concluding the application date was dis-positive instead of the injury date, and remand for additional Findings of Fact and Conclusions of Law as to whether the presumption has been…