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MIDTHUN v. NORTH DAKOTA WORKFORCE SAFETY AND INS.

No. 20080137.

761 N.W.2d 572 (2009)

2009 ND 22

Judith MIDTHUN, Claimant and Appellee v. NORTH DAKOTA WORKFORCE SAFETY AND INSURANCE, Appellant and Mercy Hospital, Respondent.

Supreme Court of North Dakota.

February 5, 2009.

Attorney(s) appearing for the Case

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

Jacqueline S. Anderson, Special Assistant Attorney General, Fargo, ND, for appellant.

VANDE WALLE, Chief Justice.

[¶ 1] North Dakota Workforce Safety and Insurance ("WSI") appealed a district court judgment reversing WSI's decision to terminate Judith Midthun's partial disability benefits. We conclude the district court erred when it found WSI's discretion to waive the limitation on partial benefits was constrained by N.D.C.C. § 65-05-10(2). We therefore reverse the judgment of the district court and reinstate WSI's order discontinuing Midthun...

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