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SHIEK v. N.D. WORKERS COMPENSATION BUREAU

Civil No. 970333.

582 N.W.2d 639 (1998)

1998 ND 139

Darold B. SHIEK, Claimant and Appellant, v. NORTH DAKOTA WORKERS COMPENSATION BUREAU, Appellee, and North Dakota State University, Respondent.

Supreme Court of North Dakota.

July 16, 1998.

Attorney(s) appearing for the Case

Mark G. Schneider (argued) and Steven C. Schneider (appearance), of Schneider, Schneider & Schneider, Fargo, for claimant and appellant.

Andrew L.B. Noah (argued), Special Assistant Attorney General, Fargo, for appellee.

NEUMANN, Justice.

[¶ 1] Darold B. Shiek appealed from a judgment affirming a Workers Compensation Bureau order denying his claim for disability benefits. We conclude the Bureau misapplied the retirement presumption law under N.D.C.C. § 65-05-09.3 in considering Shiek's claim. We reverse the judgment and remand to the Bureau for the admission of any necessary evidence, and the preparation of findings necessary to properly adjudicate Shiek's claim for benefits...

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