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ELLIOTT v. N.D. WORKERS COMP. BUREAU

Civ. No. 880229.

435 N.W.2d 695 (1989)

Dale E. ELLIOTT, Plaintiff and Appellant, v. NORTH DAKOTA WORKERS COMPENSATION BUREAU, Defendant and Appellee.

Supreme Court of North Dakota.

February 10, 1989.

Attorney(s) appearing for the Case

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for plaintiff and appellant; argued by Steven L. Latham.

Dean J. Haas (argued), Asst. Atty. Gen., North Dakota Workers Compensation Bureau, Bismarck, for defendant and appellee.

MESCHKE, Justice.

We consider the extent of Workers Compensation benefits for an injury when recovery may have been prolonged by a prior and partially non-compensable impairment. We reverse proration of benefits because the impairment was not "disabling."

Dale E. Elliott, a 35 year old machine welder at Melroe Company in Bismarck, had his right wrist crushed by machinery in September 1986. When he sought benefits, the North Dakota Workers Compensation Bureau...

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