Elter v. North Dakota Workers Compensation Bureau

MARING, Justice.

[¶ 1] Irene Elter (“Elter”) appeals from judgments of the district court affirming the Bureau’s denial of survival benefits for her husband’s lung cancer she claims was presumptively caused by his work as a highway patrolman, and denying her motion for attorney fees and costs associated with a preliminary appeal in which she prevailed. We affirm the judgment affirming the Bureau’s denial of Elter’s claim for survivor benefits, but we reverse the judgment denying Elter’s motion for attorney fees, and remand to the district court for determination of that amount.

I

[¶ 2] Herbert…