Little v. Tracy

MESCHKE, Justice.

In a review of rulemaking, we consider whether a new agency regulation on arbitration of an employee’s claim exceeds the authority of the Workers’ Compensation Bureau. The statute authorizes an employee-claimant to elect decision by arbitrators rather than by a Bureau official, but the regulation gives the employer the power to refuse the employee’s election. We hold that, because it exceeds the scope of the statute, the regulation is invalid.

The 1991 North Dakota Legislature enacted a “hoghouse” bill changing much workers’ compensation law. One of 77 new sections enacted…