Across Big Sky Flow Testing, LLC v. Workforce Safety & Insurance

ELR Citation: 44 ELR 20273
No(s). 2014 ND 236 (N.D. Dec 18, 2014)

The North Dakota Supreme Court upheld an administrative law judge's (ALJ's) award of benefits in the death of an oil-tank worker. According to the medical examiner's report, the worker died from hydrocarbon poisoning due to the inhalation of petroleum vapors from oil storage tanks. His employer argued that the evidence and the applicable law did not support the ALJ's determination that he suffered a work-related death. But the court agreed with the ALJ, concluding that reasonable minds could have determined the findings were supported by the weight of the evidence.

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