December 16, 2013
INDUSTRIAL CONTRACTORS, INC., Appellant
NORTH DAKOTA WORKFORCE SAFETY AND INSURANCE, Appellee and David Kraft, Respondent.
This decision appears in the reporter in a table titled 'Supreme Court of North Dakota Affirmances bye Summary Opinion', published quarterly by rule. See N.D.R.App.P., Rule 35.1
Appeal from the District Court of McLean County, South Central Judicial District, the Honorable Gail Hagerty, Judge.
Lawrence E. King, Bismarck, N.D., for appellant.
Mitchell D. Armstrong, Bismarck, N.D., for appellee.
[¶ 1] Industrial Contractors, Inc., (" ICI" ) appeals from a district court judgment affirming an administrative law judge's order, which affirmed Workforce Safety and Insurance's order awarding benefits to ICI's employee David Kraft for a work injury to his left elbow. ICI argues Kraft has not established that his left elbow condition arises out of and was caused by an employment injury. The district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(5).
[¶ 2] GERALD W. VANDE
WALLE, C.J., DANIEL J. CROTHERS, CAROL RONNING KAPSNER, MARY MUEHLEN MARING,
and DANIEL D. NARUM, D.J., JJ., concur.
[¶ 3] The Honorable Daniel D. Narum, D.J., sitting in place of Sandstrom, J., disqualified.