Anderson v. North Dakota Workers Compensation Bureau

I join in the Chief Justice’s dissent, and write separately to highlight flawed analysis in the majority opinion.

The majority writes:

“The Bureau contends Anderson bears the burden of proving she is entitled to workers compensation benefits. However, a defense based on the statute of limitations in a civil proceeding is an affirmative defense. E.g., In Interest of K.B., 490 N.W.2d 715, 717 (N.D.1992). As McCarter v. Pomeroy, 466 N.W.2d 562, 566 (N.D.1991) (citing 54 C.J.S., Limitations of Actions § 294 (1987)), points out: ‘Generally, a party relying on a statute of limitations has the burden…