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WESTMAN v. N.D. WORKERS COMP. BUREAU

Civ. No. 900088.

459 N.W.2d 540 (1990)

Delray L. WESTMAN, Appellant, v. NORTH DAKOTA WORKERS COMPENSATION BUREAU and Kedney Warehouse Company, Appellees.

Supreme Court of North Dakota.

July 31, 1990.

Attorney(s) appearing for the Case

Daniel E. Schwandt of Hannig Law Office, Moorhead, Minn., for appellant.

Dean J. Haas, Asst. Atty. Gen., Bismarck, for appellee North Dakota Workers Compensation Bureau.

Allen J. Flaten of Vaaler, Gillig, Warcup, Woutat, Zimney & Foster, Grand Forks, for appellee Kedney Warehouse Co.

LEVINE, Justice.

Delray Westman appeals from a district court judgment affirming the Workers Compensation Bureau's decision that he was an employee of Kedney Warehouse Company (Kedney) when he was injured and, therefore, is entitled to benefits. We affirm.

Kedney has moved to dismiss the appeal. The question presented by the motion to dismiss is whether NDCC § 65-10-01 is the exclusive source of a claimant's right to appeal or whether that section must...

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