Wasley v. WSI , 2020 ND 59 ( 2020 )

Filed 3/19/20 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2020 ND 59
David Wasley, Appellant
v.
State of North Dakota, by and through
Workforce Safety and Insurance, Appellee
and
NLR Personnel, LLC, Respondent
No. 20190350
Appeal from the District Court of Williams County, Northwest Judicial
District, the Honorable Joshua B. Rustad, Judge.
AFFIRMED.
Per Curiam.
Stephen D. Little, Bismarck, ND, for appellant; submitted on brief.
Jacqueline S. Anderson, Special Assistant Attorney General, Fargo, ND, for
appellee; submitted on brief.
Wasley v. WSI
No. 20190350
Per Curiam.
[¶1] David Wasley appeals the district court’s judgment affirming the
administrative law judge’s (ALJ) order denying Wasley’s Workforce Safety and
Insurance (WSI) claim. Wasley claims the ALJ erred in finding he did not prove
he sustained a compensable injury arising out of and in the course of his
employment. “In reviewing an administrative agency’s factual findings, a court
may not make independent findings of fact or substitute its judgment for the
agency’s findings; rather, a court must determine only whether a reasoning
mind reasonably could have determined the findings were proven by the
weight of the evidence from the entire record.” State by and through Workforce
Safety and Insurance v. Sandberg, 2019 ND 198, ¶ 12, 931 N.W.2d 488. We
summarily affirm under N.D.R.App.P. 35.1(a)(5).
[¶2] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Gerald W. VandeWalle
Jerod E. Tufte
1