Eslinger v. North Dakota Workforce Safety & Insurance

[¶ 26] I respectfully dissent. I am of the opinion that Gregory and Ash are applicable. Gregory v. N.D. Workers Comp. Bureau, 1998 ND 94, 578 N.W.2d 101; Ash v. Traynor, 1998 ND 112, 579 N.W.2d 180. Therein we held when the claimant has a vested interest in the right to receive disability benefits on the effective date of the retirement presumption statute that WSI could not apply that statute to discontinue the benefits the claimant had been receiving. Id. The majority concludes that Eslinger did not have a vested right to disability benefits on August 1, 1995, because her doctor said she…