Rojas v. Workforce Safety and Insurance

Summary

The Supreme Court of North Dakota held that Workforce Safety and Insurance violated Mark Rojas's due process rights by terminating his ongoing disability benefits without effective notice or an opportunity to respond. Because the termination was invalid, the reapplication statute did not apply, and Rojas was entitled to reinstatement of benefits from May 31, 2000, prospectively until proper notice was provided. The court modified the district court judgment and affirmed it as modified.

Holdings

1. WSI's termination of Rojas's ongoing disability benefits violated due process because Rojas did not receive prior notice of the contemplated termination or a meaningful opportunity to respond.
2. The reapplication statute was inapplicable because it applies only when a claimant's prior disability benefits have been validly terminated; the defective termination was nullified by the due process violation.
3. Rojas was entitled to reinstatement of all disability benefits retroactive to May 31, 2000, and prospectively until WSI provides proper notice of its intention to discontinue or reduce benefits.

Questions Presented

1. Whether termination of Rojas's ongoing disability benefits without his receipt of notice and an opportunity to respond violated procedural due process.
2. Whether WSI could require Rojas to proceed under the reapplication statute after the original termination was invalid for lack of constitutionally adequate notice.
3. What remedy was required for WSI's due process violation.

Disposition

affirmed