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LIVINGSTON v. Powerdrill Rig Services, Respondent (2022)

Supreme Court of North Dakota.2022-01-06No. No. 20210232

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Opinion

[¶1] Antonio Livingston appeals from a district court judgment affirming an administrative law judges (ALJ) decision that affirmed a North Dakota Workforce Safety and Insurance decision denying him benefits. Livingston argues the ALJ erred in finding he failed to prove that his peripheral vascular disease and Raynauds disease were caused by his work injury. He also argues the ALJ erred in finding he was not entitled to disability benefits. “In reviewing an ALJs findings of fact, a court may not make independent findings of fact or substitute its judgment for the ALJs findings; rather, the court must decide only whether a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence from the entire record.” WSI v. Badger Roustabouts, LLC, 2021 ND 166, ¶ 8, 964 N.W.2d 514. We conclude the ALJs findings of fact are supported by a preponderance of the evidence and its conclusions of law are supported by its findings of fact. We summarily affirm under N.D.R.App.P. 35.1(a)(5).

Per Curiam.

[¶2] Jon J. Jensen, C.J.

Gerald W. VandeWalle

Daniel J. Crothers

Lisa Fair McEvers

Jerod E. Tufte