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SWENSON v. WORKFORCE SAFETY & INS. FUND

No. 20070049.

738 N.W.2d 892 (2007)

2007 ND 149

Timothy R. SWENSON, Claimant and Appellant, v. WORKFORCE SAFETY & INSURANCE FUND, Appellee, and Nabors Drilling, USA, Inc., Respondent.

Supreme Court of North Dakota.

September 5, 2007.

Attorney(s) appearing for the Case

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

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

VANDE WALLE, Chief Justice.

[¶ 1] Timothy R. Swenson appealed from a district court judgment affirming an order of Workforce Safety & Insurance ("WSI") denying him benefits for the treatment of his cervical and thoracic spine. Because the administrative law judge ("ALJ") did not apply the correct standard when evaluating the medical opinions in this case, we reverse and remand for further proceedings.

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