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ZUEGER v. N.D. WORKERS COMP. BUREAU

Civil No. 980035.

584 N.W.2d 530 (1998)

1998 ND 175

Maynard ZUEGER, Claimant and Appellant, v. The NORTH DAKOTA WORKERS COMPENSATION BUREAU, Appellee, and H.A. Thompson & Sons, Inc., Respondent.

Supreme Court of North Dakota.

September 29, 1998.

Attorney(s) appearing for the Case

Dean J. Haas, of Dietz, Little & Haas, Bismarck, for claimant and appellant.

Brent J. Edison, Special Assistant Attorney General, Bismarck, for appellee.

MESCHKE, Justice.

[¶ 1] Maynard Zueger appealed a judgment affirming the Workers Compensation Bureau's order terminating all of Zueger's future benefits and ordering him to repay $7,808 in disability benefits he had previously received. We conclude Zueger's performance on a functional capacity evaluation was not a "false statement" under N.D.C.C. § 65-05-33, and the Bureau erred in terminating all benefits on that basis. Accordingly, we reverse and remand...

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