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RODENBIKER v. WORKFORCE SAFETY AND INS.

No. 20070114.

740 N.W.2d 831 (2007)

2007 ND 169

Doralee RODENBIKER, Claimant and Appellant v. WORKFORCE SAFETY AND INSURANCE, Appellee and Stage Stop Liquors, Inc., Respondent.

Supreme Court of North Dakota.

October 29, 2007.

Attorney(s) appearing for the Case

Steven L. Latham, Larson, Latham, and Huettl, LLP, Bismarck, N.D. for claimant and appellant.

Jacqueline Sue Anderson, Special Assistant Attorney General, Fargo, N.D., for appellee.

MARING, Justice.

[¶ 1] Doralee Rodenbiker appeals from a district court judgment affirming a final order of Workforce Safety and Insurance ("WSI"). The final order reduced Rodenbiker's WSI benefits from temporary total disability benefits to partial disability benefits. Rodenbiker cannot be returned to substantial gainful employment as defined under N.D.C.C. § 65-05.1-01(3), and she does not have a retained earnings capacity to meet the income test of N...

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