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WHEDBEE v. NORTH DAKOTA WORKFORCE SAFETY

No. 20130391.

845 N.W.2d 632 (2014)

2014 ND 79

Dennis WHEDBEE, Appellant v. NORTH DAKOTA WORKFORCE SAFETY & INSURANCE FUND, Appellee. v. Black Hawk Energy Services, Inc., Respondent.

Supreme Court of North Dakota.

April 29, 2014.

Attorney(s) appearing for the Case

Stephen D. Little , Bismarck, ND, for appellant.

Mitchell D. Armstrong (argued) and Brian Schmidt (on brief), Special Assistant Attorneys General, Bismarck, ND, for appellee.

CROTHERS, Justice.

[¶ 1] Dennis Whedbee appeals a district court judgment affirming Workforce Safety and Insurance's ("WSI") binding dispute resolution denying Whedbee's request for a myoelectric prosthesis and approving a body-powered prosthesis.

Whedbee argues the binding dispute resolution was an abuse of discretion and violated his due process rights. He argues that WSI should have selected an independent medical examiner located closer to his residence...

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