Legal Opinion · Dissent

Geck v. North Dakota Workers Compensation Bureau

North Dakota Supreme Court

Decided August 19, 1998No. Civil 980036Published

1DissentSandstrom, Justice

[¶ 17] The majority, at ¶ 9, correctly concludes, in “this case, there is no question Geek’s arthritis in her left knee was a latent and underlying condition as contemplated by N.D.C.C. § 65-01-02(9)(b)(6).” “Thus,” the majority states, “for Geek to have a ‘compen-sable injury,’ she must prove that the employment trigger, here performing duties of an in-home care specialist, substantially aggravated or accelerated the arthritis in her left knee.” The ALJ specifically found it had not, and noted there was no evidence it had. Yet, the majority grasps at a doctor’s references to “a brief…

2Cases cited6 opinions

  1. Robert and Wana McCreary v. Libbey-Owens-Ford Co.Court of Appeals for the Seventh Circuit · 1998
  2. Smith v. Smith's Transfer Corp.Tennessee Supreme Court · 1987
  3. Cunningham v. Goodyear Tire & Rubber Co.Tennessee Supreme Court · 1991
  4. Townsend v. StateTennessee Supreme Court · 1992
  5. Zimmerman v. Industrial Com'n of UtahCourt of Appeals of Utah · 1989

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