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FISCHER v. NORTH DAKOTA WORKERS COMP. BUREAU

Civ. No. 940224.

530 N.W.2d 344 (1995)

Ricky FISCHER, Appellant, v. NORTH DAKOTA WORKERS COMPENSATION BUREAU, Appellee, and UE & C Catalytic, Inc., Respondent.

Supreme Court of North Dakota.

April 13, 1995.

Attorney(s) appearing for the Case

Kathryn L. Dietz of Dietz & Little, Bismarck, for appellant.

Robert W. Morris and Candace Prigge, Asst. Attys. Gen., N.D. Workers Compensation Bureau, Bismarck, for appellee; argued by Candace Prigge.

SANDSTROM, Justice.

Ricky Fischer appeals a Workers Compensation Bureau order denying him benefits based on a significant change in medical condition since benefits were last changed. We reverse. The bureau's unreopened earlier order is res judicata as to the claimant's medical condition at that time. To deny benefits because of no significant change in condition, the bureau wrongly held the claimant's condition was actually worse than it found in its earlier order...

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