Zander v. Workforce Safety & Insurance

VANDE WALLE, Chief Justice.

[¶ 1] Martin Zander appealed from a district court judgment affirming an order of North Dakota Workforce Safety and Insurance (“WSI”) refusing to reopen Zan-der’s claim for benefits. We reverse and remand, concluding WSI applied an erroneous legal standard in denying Zander’s request to reopen his claim.

I

[¶ 2] Zander suffered a work-related back injury in 1991. WSI accepted his claim and paid medical expenses. Zan-der’s symptoms worsened and he eventually had surgery in 1993. WSI paid Zander temporary total disability benefits after the surgery until Zander returned…