Hoffman v. North Dakota Workers Compensation Bureau

[¶ 25] I respectfully dissent. The majority wrongly concludes that prior to August 1, 2002, the Workers Compensation Bureau’s “failure to adequately explain its disregard of favorable medical evidence” automatically requires that this Court remand the case to the Bureau for further consideration. In addition, the majority’s application of the doctrine of legislative acquiescence is not consistent with the standard recently articulated by a majority of this Court in State ex rel. Clayburgh v. American West Community Promotions, Inc., 2002 ND 98, 645 N.W.2d 196.

I

[¶ 26] When reviewing an…