Nelson v. North Dakota Workmen's Compensation Bureau

VANDE WALLE, Justice.

The North Dakota Workmen’s Compensation Bureau (hereinafter “Bureau”) appealed from a decision of the district court of Cass County ordering the Bureau to make an award to Delores Nelson, the wife of Aldean Nelson, deceased. We reverse the decision of the district court and remand with directions that a judgment be entered affirming the order of the Bureau denying the claim.

Aldean Nelson was employed by Burlington-Northern Transport Co. as a lead driver. In that position Nelson was responsible for directing the activities of his fellow employees as well as having driving…