Tag Archives: North Dakota

29-Month Delay in Filing North Dakota Claim Bars Recovery

The Supreme Court of North Dakota recently affirmed an ALJ’s finding that the filing of a worker’s claim some 29 months after the work incident was not timely, and, therefore, no compensation could be awarded [Lechner v. North Dakota Workforce … Continue reading

Posted in Case comment | Tagged , , , , , , , , | Comments Off on 29-Month Delay in Filing North Dakota Claim Bars Recovery

Eighth Circuit: North Dakota Need Not Substitute Colorado’s More Generous Death Benefits Rules for Claim Filed in the Peace Garden State

In a case of first impression, the 8th Circuit Court of Appeals affirmed a U.S. District Court decision that had dismissed a widow’s civil action seeking a declaration that N.D. Cent. Code § 65–05–05(2)(2013) was invalid and unenforceable under the … Continue reading

Posted in Case comment | Tagged , , , , , , | Comments Off on Eighth Circuit: North Dakota Need Not Substitute Colorado’s More Generous Death Benefits Rules for Claim Filed in the Peace Garden State

North Dakota Supreme Court Refuses to Adopt Positional Risk Doctrine in Unexplained Fall Cases

There’s nothing like an employee’s unexplained fall while walking on a level, unobstructed floor to test one’s position on the positional risk doctrine in workers’ compensation claims. As was noted in my post on March 16, 2012 related to Byrom … Continue reading

Posted in Case comment | Tagged , , , | Comments Off on North Dakota Supreme Court Refuses to Adopt Positional Risk Doctrine in Unexplained Fall Cases