Eslinger v. North Dakota Workforce Safety & Insurance

VANDE WALLE, Chief Justice.

[¶ 1] Sharon Eslinger appealed from a district court judgment affirming the final order of Workforce Safety and Insurance (“WSI”) awarding Eslinger permanent total disability benefits only until she becomes eligible for social security retirement benefits. We affirm, concluding WSI did not err in determining the retirement *732presumption statute, N.D.C.C. § 65-05-09.3(2), applied to Eslinger’s claim.

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[¶ 2] Eslinger injured her knee in February 1995 while working at the Garrison American Legion Club. Her claim for workers compensation benefits was accepted and she began…