Reopelle v. Workforce Safety & Insurance

VANDE WALLE, Chief Justice.

[¶ 1] Workforce Safety and Insurance (“WSI”) appealed from a district court judgment reversing WSI’s decision to deny Annie Reopelle further partial disability benefits arising from a 1990 work-related injury. WSI argues Reopelle’s right to further disability benefits is limited to five years under the version of N.D.C.C. § 65-05-10 enacted in 1991. We conclude Reo-pelle’s right to partial disability benefits is not controlled by the five-year limit because she has incurred a continuous loss of earnings capacity that occurred before July 1,1991. We affirm.

I

[¶ 2] On…