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HOUN v. WORKFORCE SAFETY AND INS.

No. 20050013.

698 N.W.2d 271 (2005)

2005 ND 115

Timothy HOUN, Claimant and Appellant v. WORKFORCE SAFETY AND INSURANCE, Appellee and Bismarck Lumber Company, Respondent.

Supreme Court of North Dakota.

June 22, 2005.

Attorney(s) appearing for the Case

Stephen D. Little, Dietz & Little Lawyers, Bismarck, N.D., for claimant and appellant.

Lawrence A. Dopson, Special Assistant Attorney General, Bismarck, N.D., for appellee.

MARING, Justice.

[¶ 1] Timothy Houn appealed from a district court judgment affirming a decision by Workforce Safety and Insurance ("WSI") which denied him disability benefits. We conclude WSI erred in applying N.D.C.C. § 65-05-08(1) to Houn's application for disability benefits, and we reverse and remand for WSI to treat Houn's claim as an original application for disability benefits.

I

[¶ 2] In August 2001, Houn was unloading a truck...

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