Midthun v. NORTH DAKOTA WORKFORCE SAFETY AND INSURANCE

VANDE WALLE, Chief Justice.

[¶ 1] North Dakota Workforce Safety and Insurance (“WSI”) appealed a district court judgment reversing WSI’s decision to terminate Judith Midthun’s partial disability benefits. We conclude the district court erred when it found WSI’s discretion to waive the limitation on partial benefits was constrained by N.D.C.C. § 65-05-10(2). We therefore reverse the judgment of the district court and reinstate WSI’s order discontinuing Midthun’s partial disability benefits.

I

[¶2] Judith Midthun began receiving temporary total disability benefits from WSI on April 24,1999, in…