Ash v. Traynor

NEUMANN, Justice.

[¶ 1] The Workers Compensation Bureau appeals from the district court’s amended judgment reversing the Bureau’s orders canceling disability benefits of fourteen claimants because each claimant began receiving social security retirement benefits. We affirm the judgment of the district court, holding the Bureau erred in avoiding a valid obligation to pay disability for each claimant.

I

[¶ 2] Fourteen claimants challenged the retirement presumption under N.D.C.C. § 65-05-09.3 as enacted in 1995 and amended in 1997. Each claimant had “attained retirement,” as defined under N.D.C.C.…