Johnson v. North Dakota Workers' Compensation Bureau

VANDE WALLE, Justice.

The North Dakota Workers’ Compensation Bureau appealed from a district court judgment which, while affirming the Bureau’s dismissal of Russell Johnson’s claim for benefits, reversed the Bureau’s order that Johnson reimburse the Bureau for benefits paid when a claims analyst erroneously determined that Johnson’s injury was work related. We reverse in part and remand.

Johnson is a self-employed life insurance salesman who contracted with the Bureau for coverage as permitted by section 65-07-01, NDCC. In February 1989, Johnson injured his back during an early morning aerobics…