A divided North Dakota Supreme Court has revived a worker's claim for benefits based on the alleged aggravation of his pre-existing but previously asymptomatic back condition. Case: Mickelson v. North Dakota Workforce Safety and Insurance, No. 20110232, 08/16/2012, published.Facts: James Mickelson applied for workers' compensation benefits in August 2009, claiming he had "developed soreness in his lower back due to repetitive motion over time using a foot pedal and driving over rough terrain" while employed as an equipment operator for the Gratech Co.According to Mickelson, he began wo...
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