Hunter v. WSI ( 2021 )

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
DECEMBER 9, 2021
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2021 ND 222Brian Hunter, Appellant
v.
North Dakota Workforce Safety and Insurance, Appellee
No. 20210185
Appeal from the District Court of Williams County, Northwest Judicial
District, the Honorable Kirsten M. Sjue, Judge.
AFFIRMED.
Per Curiam.
Brian Hunter, Roosevelt, UT, appellant; submitted on brief.
Jacqueline S. Anderson, Special Assistant Attorney General, Fargo, ND, for
appellee; submitted on brief.
Hunter v. WSI
No. 20210185
Per Curiam.
[¶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 33 (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).
[¶2] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1