Haugenoe v. Workforce Safety & Insurance

[¶ 30] I must respectfully only concur in the result reached in the majority opinion.

[¶ 31] As the majority correctly notes, this case involves the issue of whether WSI has a subrogation interest in Hauge-noe’s legal malpractice settlement. The starting point for this analysis is section *38565-01-09 of the North Dakota Century Code. This statute grants WSI a subrogation interest in a covered worker’s recovery from a third party for a compensable injury. N.D.C.C. § 65-01-09. The Code defines “compensable injury,” in part, as follows:

“Compensable injury” means an injury by accident arising out of…