Zueger v. North Dakota Workers Compensation Bureau

MESCHKE, Justice.

[¶ 1] Maynard Zueger appealed a judgment affirming the Workers Compensation Bureau’s order terminating all of Zueger’s future benefits and ordering him to repay $7,808 in disability benefits he had previously received. We conclude Zueger’s performance on a functional capacity evaluation was not a “false statement” under N.D.C.C. § 65-05-33, and the Bureau erred in terminating all benefits on that basis. Accordingly, we reverse and remand.

[¶ 2] In 1990, Zueger injured his back in a work-related accident. The Bureau accepted his claim and paid benefits. As a result of his…