McCarty v. North Dakota Workers Compensation Bureau

MESCHKE, Justice.

[¶ 1] Jeff McCarty appealed a judgment affirming a North Dakota Workers Compensation Bureau order dismissing his claim for benefits. We reverse and remand.

[¶2] McCarty filed a claim for a work injury to his back on January 23, 1995. The Bureau dismissed McCarty’s claim, and McCarty requested a rehearing. A hearing before an administrative law judge (ALJ) was held on March 6, 1996. After the hearing, but before the ALJ recommended findings, conclusions, and order, the Bureau submitted under NDCC 28-32-07 an affidavit of Terry Aanerud, McCarty’s former supervisor, stating:

2. I…