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JENSEN v. N.D. WORKERS COMP. BUREAU

Civil No. 960351.

563 N.W.2d 112 (1997)

1997 ND 107

Harlen G. JENSEN, Appellant, v. NORTH DAKOTA WORKERS COMPENSATION BUREAU, Appellee.

Supreme Court of North Dakota.

June 3, 1997.

Attorney(s) appearing for the Case

Mark G. Schneider, Schneider, Schneider & Schneider, Fargo, for appellant.

Douglas W. Gigler, Special Assistant Attorney General, Fargo, for appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Harlen G. Jensen appealed a judgment affirming a Workers Compensation Bureau decision ordering that under § 65-05-08(1), N.D.C.C. (1989), he "became eligible for the reinstatement of disability benefits effective April 17, 1991." We hold the Bureau erred in applying § 65-05-08(1), N.D.C.C. (1989), to Jensen's request for resumption of disability benefits because it abrogated his vested right to resumption of benefits...

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