Workforce Safety & Insurance v. Auck

CROTHERS, Justice.

[¶ 1] Cynthia Auck appeals the district court’s order finding Workforce Safety and Insurance (“WSI”) and Bobcat Company acted with substantial justification when refusing to pay death benefits to her, precluding an award of attorney fees under section 28-32-50, N.D.C.C. We affirm.

I

[¶ 2] This is the second time these parties are before this Court. The first time, WSI and Bobcat appealed the district court’s judgment affirming the Administrative Law Judge’s (“ALJ”) order reversing WSI’s denial of death benefits to Cynthia Auck, the surviving spouse of Richard Auck. We affirmed…