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CARLSON v. WORKFORCE SAFETY AND INS.

No. 20110163.

821 N.W.2d 760 (2012)

2012 ND 203

Merwin CARLSON, Appellant v. WORKFORCE SAFETY AND INSURANCE and GMR Transportation, Inc., Appellees.

Supreme Court of North Dakota.

October 1, 2012.

Attorney(s) appearing for the Case

Bruce A. Schoenwald , Moorhead, MN, for appellant.

Jacqueline Sue Anderson , Special Assistant Attorney General, Fargo, N.D., for appellee Workforce Safety and Insurance.

Timothy George Richard , Fargo, N.D., for appellee GMR Transportation, Inc.

C. Nicholas Vogel , Fargo, N.D., for amicus curiae American Trucking Associations and North Dakota Motor Carriers Association.

CROTHERS, Justice.

[¶ 1] Merwin Carlson appeals from a judgment affirming a Workforce Safety and Insurance ("WSI") decision denying his claim for workers' compensation benefits after remand in Carlson v. Workforce Safety & Ins., 2009 ND 87, 765 N.W.2d 691 ("Carlson I"). Under Carlson I and the law of the case, we hold an administrative law judge ("ALJ") erred in concluding WSI properly exercised its...

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