Jensen v. North Dakota Workers Compensation Bureau

VANDE WALLE, Chief Justice.

[¶ 1] Harlen G. Jensen appealed a judgment affirming a Workers Compensation Bureau decision ordering that under § 65-05-08(1), N.D.C.C. (1989), he “became eligible for the reinstatement of disability benefits effective April 17, 1991.” We hold the Bureau erred in applying § 65-05-08(1), N.D.C.C. (1989), to Jensen’s request for resumption of disability benefits because it abrogated his vested right to resumption of benefits. We reverse and remand.

[¶ 2] Jensen injured his back at work on January 12, 1965. The Bureau accepted liability and paid disability benefits from…