Hayes v. N.D. Workers Compensation Bureau

1 Citing case

  1. Sjostrand v. Workers Compensation Bureau

    2002 N.D. 125 (N.D. 2002)   Cited 14 times
    Discussing WSI's continuing jurisdiction to review claimant's condition

    A [¶ 32] Citing Blanchard v. North Dakota Workers Comp. Bureau, 1997 ND 118, ¶ 23, 565 N.W.2d 485 and Hayes v. North Dakota Workers Comp. Bureau, 425 N.W.2d 356, 357 (N.D. 1988), Sjostrand says "[t]his Court has `repeatedly cautioned' that the Bureau must not take a `position . . . fully adversary to the claimant . . .'"; notes this Court has said "[t]he adversary concept has only limited application to claims for workmen's compensation benefits and the Bureau . . . acts in a quasi-judicial capacity" (citing Roberts v. North Dakota Workmen's Comp. Bureau, 326 N.W.2d 702, 706 (N.D. 1982), Bromley v. North Dakota Workmen's Comp. Bureau, 304 N.W.2d 412, 416 (N.D. 1981), Steele v. North Dakota Workmen's Comp. Bureau, 273 N.W.2d 692, 702 (N.D. 1978)), and further notes "this Court long ago pointedly informed the Bureau that its admonishments to the Bureau must not be `treated as empty noise'" (citingSpangler v. North Dakota Workers Comp. Bureau, 519 N.W.2d 576, 578 (N.D. 1994)). That is the extent of Sjostrand's argument about impermissible adversarial conduct by the Bureau.