Gonzales v. Workforce Safety & Ins., 924 N.W.2d 126 (2019)

March 13, 2019 · North Dakota Supreme Court · No. 20180365
924 N.W.2d 126

Jose Alfredo Medina GONZALES, Appellant
v.
WORKFORCE SAFETY AND INSURANCE, Appellee

No. 20180365

Supreme Court of North Dakota.

Filed March 13, 2019

Stephen D. Little, Bismarck, N.D., for appellant.

Douglas W. Gigler, Special Assistant Attorney General, Fargo, N.D., for appellee.

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.

*127The 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