DeCrow v. North Dakota Workforce Safety & Insurance Fund, No. 15-3672 (8th Cir. 2017)Annotate this Case
North Dakota may enforce the suspend-and-reimburse provisions of N.D.C.C. 65-05-05(2). The Eighth Circuit held that the reimbursement provision readily passed rational basis scrutiny and was not subject to equal protection or substantive due process challenges. Furthermore, the cost and difficulty of recovering benefits paid during the suspension period were a rational basis for the suspension provision. The court also held that the suspension provision did not violate North Dakota's constitutional obligation to provide full faith and credit to Colorado's death benefits provision. Accordingly, the court affirmed the district court's judgment on the pleadings for WSI.