Legal Opinion

Drayton v. Workforce Safety & Insurance

North Dakota Supreme Court

Decided September 25, 2008No. 20070281PublishedCited by 17 opinions

1Opinion of the Court

SANDSTROM, Justice.

[¶ 1] Workforce Safety and Insurance (“WSI”) appeals from a district court judgment reversing a WSI order reinstating Jody Drayton’s disability benefits to the date of their termination and awarding her attorney’s fees. We conclude that WSI appropriately exercised its continuing jurisdiction to assess Drayton’s vocational rehabilitation; that Drayton was properly found in noncompliance with vocational rehabilitation; and that a reasoning mind could reasonably find Drayton intentionally manipulated the results of a functional capacity assessment and engaged in “a first…

2Cases cited34 opinions

  1. Power Fuels, Inc. v. ElkinNorth Dakota Supreme Court · 1979
  2. Beckler v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1988
  3. Reiling v. BhattacharyyaNorth Dakota Supreme Court · 1979
  4. Ungar v. North Dakota State UniversityNorth Dakota Supreme Court · 2006
  5. Tooley v. AlmNorth Dakota Supreme Court · 1994

29 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Carlson v. Workforce Safety & InsuranceNorth Dakota Supreme Court · 2012
  2. Walstad v. WalstadNorth Dakota Supreme Court · 2012
  3. Frokjer v. North Dakota Board of Dental ExaminersNorth Dakota Supreme Court · 2009
  4. Schulke v. NDDOTNorth Dakota Supreme Court · 2020
  5. Landrum v. Workforce Safety & Insurance FundNorth Dakota Supreme Court · 2011

12 more not listed; retrieve them via the Exa API.

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