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VON RUDEN v. WORKFORCE SAFETY AND INS. FUND

No. 20070367.

755 N.W.2d 885 (2008)

2008 ND 166

Janet VON RUDEN, Claimant and Appellee v. NORTH DAKOTA WORKFORCE SAFETY AND INSURANCE FUND, Appellant and Mid Dakota Clinic, Respondent.

Supreme Court of North Dakota.

September 8, 2008.

Attorney(s) appearing for the Case

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

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

MARING, Justice.

[¶ 1] Workforce Safety and Insurance ("WSI") appeals from a district court judgment reversing WSI's decision to terminate Janet Von Ruden's temporary partial disability benefits. WSI argues Von Ruden's right to receive disability benefits is limited to five years under N.D.C.C. § 65-05-10. We affirm the district court judgment, concluding WSI waived the five-year limit on Von Ruden's temporary partial disability benefits.

I

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