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GREGORY v. NORTH DAKOTA WORKERS COMPENSATION BUREAU

Civil No. 970243.

578 N.W.2d 101 (1998)

1998 ND 94

Laverne GREGORY, Claimant and Appellee, v. NORTH DAKOTA WORKERS COMPENSATION BUREAU, Appellant, and Midwest Motor Express, Inc., Respondent

Supreme Court of North Dakota.

Rehearing Denied May 20, 1998.

Attorney(s) appearing for the Case

Mark G. Schneider (argued), of Schneider, Schneider & Schneider, Fargo, for claimant and appellee.

Brent J. Edison (argued), and Tracy L. Vigness Kolb (appearance), Special Assistant Attorneys General, Bismarck, for appellant.

MESCHKE, Justice.

[¶ 1] The Workers Compensation Bureau appealed a district court judgment reversing the Bureau's order canceling Laverne Gregory's disability benefits when he began receiving social security retirement benefits. We hold the district court had jurisdiction, Gregory's appeal was not moot, and the Bureau erred when it terminated a valid obligation to pay Gregory disability "as long as [he] remain[ed] totally disabled." We affirm the judgment.

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