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KELSH v. N.D. WORKMEN'S COMPENSATION BUREAU

Civ. No. 11137.

388 N.W.2d 870 (1986)

Thomas F. KELSH, Appellee, v. NORTH DAKOTA WORKMEN'S COMPENSATION BUREAU, Appellant.

Supreme Court of North Dakota.

June 19, 1986.

Attorney(s) appearing for the Case

Stenehjem, Foss & Moore, Bismarck, for appellee; argued by Sherry Mills Moore.

Clare Hochhalter, Asst. Atty. Gen., North Dakota Workmen's Compensation Bureau, Bismarck, for appellant.

Lundberg, Nodland, Lucas & Schulz, Bismarck, for amicus curiae North Dakota Trial Lawyers Assn.

GIERKE, Justice.

The North Dakota Workmen's Compensation Bureau (the Bureau) appeals from a district court judgment determining that Thomas F. Kelsh has reimbursed the Bureau for expended benefits to the extent required by § 65-01-09, N.D.C.C. We reverse and remand.

Kelsh was injured while working in October 1979. The Bureau paid Kelsh benefits in the amount of $11,236.95. Kelsh sued a third party and was found to have sustained damages of $44,477.24...

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