 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Lawrence v. North Dakota Workers Compensation Bureau3/23/2000
entail sedentary work at four hours per day (20 hours per week) at a full-time wage, $507 per week. The employer offered the Claimant the personal use of a company vehicle, and offered to pay the Claimant's airfare to return to Bismarck. 5. There exists no requirement, under North Dakota law, requiring an employer to pay a Claimant's "meal and living expenses" in order to validate a good faith modified transitional job offer.
ORDER
1. The Bureau's Amended Order dated May 7, 1998, which clarifies by reference and includes the Bureau's Order of March 10, 1998, is affirmed in all respects.
The Bureau's order as a whole reflects a proper focus on the worker.
[ ] Whether an action is justified is ordinarily a question of fact: Ordinarily, justification is an issue of fact. Kjesbo [v. Ricks], 517 N.W.2d [585,] 588 [(Minn. 1994)] (citing Bennett v. Storz Broadcasting Co., 270 Minn. 525, 134 N.W.2d 892, 900 (1965)). The test for proving justification is what is reasonable conduct under all the circumstances of the case. Id. Fankhanel v. M & H Constr. Co., 1997 ND 20, 10, 559 N.W.2d 229. See also CAP Partners v. Cameron, 1999 ND 178, 10-11, 599 N.W.2d 309; Greenwood v. Greenwood, 1999 ND 126, 17, 596 N.W.2d 317; Larsen v. Commission on Med. Competency, 1998 ND 193, 32, 585 N.W.2d 801. The Bureau made the appropriate analysis.
III.
[ ] I would reverse the district court and reinstate the Bureau's order.
[ ] Dale V. Sandstrom
Page 1 2 3 4 5 6 7 8 9 10 11 North Dakota Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|