Houn v. Workforce Safety & Insurance

MARING, Justice.

[¶ 1] Timothy Houn appealed from a district court judgment affirming a decision by Workforce Safety and Insurance (“WSI”) which denied him disability benefits. We conclude WSI erred in applying N.D.C.C. § 65-05-08(1) to Houn’s application for disability benefits, and we reverse and remand for WSI to treat Houn’s claim as an original application for disability benefits.

I

[¶2] In August 2001, Houn was unloading a truck while employed by Bismarck Lumber. A pallet he was standing on broke, and he fell four feet to a concrete floor, injuring his right shoulder and lower back. WSI…