Beckler v. North Dakota Workers Comp. Bureau
In Beckler v. North Dakota Workers Comp. Bureau, 418 N.W.2d 770 (N.D. 1988), the Court held the Bureau denied Beckler due process of law because its "procedures did not give Beckler a pretermination notice that his disability benefits would be terminated, a summary of the medical evidence supporting termination, and an opportunity to respond." Id. at 775.
A benefit recipient's pretermination opportunity to respond may "be limited to a written submission as an initial check against an erroneous decision" if the Bureau conducts "a timely post-termination evidentiary hearing" and it has "authority to award retroactive disability benefits." Id.