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ESLINGER v. ND. WORKFORCE SAFETY & INS.

No. 20080232.

765 N.W.2d 731 (2009)

2009 ND 90

Sharon ESLINGER, Claimant and Appellant v. NORTH DAKOTA WORKFORCE SAFETY & INSURANCE, Appellee and American Legion Post, Respondent.

Supreme Court of North Dakota.

May 27, 2009.

Attorney(s) appearing for the Case

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

Shanon Marie Gregor, Special Assistant Attorney General, Fargo, N.D., for appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Sharon Eslinger appealed from a district court judgment affirming the final order of Workforce Safety and Insurance ("WSI") awarding Eslinger permanent total disability benefits only until she becomes eligible for social security retirement benefits. We affirm, concluding WSI did not err in determining the retirement presumption statute, N.D.C.C. § 65-05-09.3(2), applied to Eslinger...

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