Stewart v. North Dakota Workers Compensation Bureau

KAPSNER, Justice.

[¶ 1] The North Dakota Workers Compensation Bureau appeals from a judgment vacating the Bureau’s order and remanding for reinstatement of Patrick Stewart’s benefits. We affirm in part, reverse in part, and remand for entry of judgment consistent with this opinion.

I

[¶ 2] In 1993 Stewart injured his left shoulder at work. The Bureau awarded benefits, including temporary total disability benefits. In October 1996 the Bureau hired a private investigator, Francine Johnson, to investigate Stewart. She videotaped Stewart on five occasions between October and December 1996 performing…