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BJERKE v. NORTH DAKOTA WORKERS COMP. BUREAU

No. 980381.

599 N.W.2d 329 (1999)

1999 ND 180

Judy BJERKE, Claimant and Appellant, v. NORTH DAKOTA WORKERS COMPENSATION BUREAU, Appellee, and Imation, Respondent.

Supreme Court of North Dakota.

September 8, 1999.

Attorney(s) appearing for the Case

Mark G. Schneider, Schneider, Schneider & Phillips, Fargo, N.D., for claimant and appellant.

Leo F. J Wilking, Special Assistant Attorney General, Fargo, N.D., for appellee.

SANDSTROM, Justice.

[¶ 1] Judy Bjerke appealed from a district court judgment affirming a North Dakota Workers Compensation Bureau order denying further disability benefits. We affirm in part, concluding an injury causing disability is compensable only if occurring within the course of employment, reverse in part, concluding the Bureau's improper notice of intention to terminate benefits requires reinstatement of benefits, and we remand.

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