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BURROWS v. N.D. WORKERS COMP. BUREAU

Civ. No. 930176.

510 N.W.2d 617 (1994)

Dorothy BURROWS, Appellee, v. NORTH DAKOTA WORKERS' COMPENSATION BUREAU, Appellant, and The City of Sheyenne, North Dakota, Respondent.

Supreme Court of North Dakota.

January 5, 1994.

Attorney(s) appearing for the Case

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

Mike Miller of Solberg, Stewart, Boulger, Miller & Johnson, Fargo, for appellee.

SANDSTROM, Justice.

James Burrows, a 31-year law enforcement officer and a 40-year smoker, died of lung cancer. The North Dakota Workers Compensation Bureau denied death benefits because the lung cancer was caused by smoking and not law enforcement work.

The district court reversed the bureau, holding the bureau had to prove Burrows had lung cancer before he entered law enforcement. We reverse the district court decision and hold: (1) the bureau's medical...

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