Bjerke v. North Dakota Workers Compensation Bureau

SANDSTROM, Justice.

[¶ 1] Judy Bjerke appealed from a district court judgment affirming a North Dakota Workers Compensation Bureau order denying further disability benefits. We affirm in part, concluding an injury causing disability is compensable only if occurring within the course of employment, reverse in part, concluding the Bureau’s improper notice of intention to terminate benefits requires reinstatement of benefits, and we remand..1

[¶ 2] On June 8, 1993, Bjerke had back surgery for spondylolisthesis,1 performed by Dr. Humphrey. Bjerke’s back condition was a birth defect she had known…