HUNTER v. NORTH DAKOTA WORKFORCE SAFETY AND INSURANCE (2021)

Supreme Court of North Dakota.

Brian HUNTER, Appellant v. NORTH DAKOTA WORKFORCE SAFETY AND INSURANCE, Appellee

No. 20210185

Decided: December 09, 2021

Brian Hunter, Roosevelt, UT, appellant; submitted on brief. Jacqueline S. Anderson, Special Assistant Attorney General, Fargo, ND, for appellee; submitted on brief.

[¶1] Brian Hunter appeals from a district court judgment affirming an administrative law judge's (ALJ) decision that affirmed a North Dakota Workforce Safety and Insurance (WSI) decision denying him benefits. Hunter argues WSI has the burden of proving an injury or illness is not compensable using objective medical evidence. He asserts the evidence in this case does not support the ALJ's decision. We summarily affirm under N.D.R.App.P. 35.1(a)(5) and (7). See Mickelson v. N.D. Workforce Safety & Ins., 2012 ND 164, ¶ 11, 820 N.W.2d 333 (under N.D.C.C. § 65-01-11 claimants bear the burden of proving they have suffered a compensable injury and are entitled to benefits).

Per Curiam.

[¶2] Jon J. Jensen, C.J. Gerald W. VandeWalle Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte

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