Gonzales v. Workforce Safety & Ins.

2019 ND 63, 924 N.W.2d 126

• Court: North Dakota Supreme Court
• Decided: March 13, 2019
• Docket: 20180365
• Status: Published

Opinion

Per Curiam.

[¶1] Jose Gonzales appeals a district court judgment that affirms an Administrative Law Judge's ("ALJ") order affirming a Workforce Safety and Insurance ("WSI") administrative order denying Gonzales any compensation for his injury.

*127 The administrative order found Gonzales was not at work the day he claimed he was injured. Gonzales argues the ALJ wrongly found WSI's evidence to be more persuasive than his evidence. He also argues the ALJ should have permitted the testimony of his coworker instead of excluding it under the "newly discovered evidence" rule. We conclude the ALJ made no reversible error of law and the findings are supported by a preponderance of the evidence. We summarily affirm the district court judgment under N.D.R.App.P. 35.1(a)(5).

[¶2] Gerald W. Vande Walle, C.J.

Jerod E. Tufte

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen