Filed 3/13/19 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2019 ND 63
Jose Alfredo Medina Gonzales, Appellant
v.
Workforce Safety and Insurance, Appellee
No. 20180365
Appeal from the District Court of Williams County, Northwest Judicial
District, the Honorable Paul W. Jacobson, Judge.
AFFIRMED.
Per Curiam.
Stephen D. Little, Bismarck, N.D., for appellant.
Douglas W. Gigler, Special Assistant Attorney General, Fargo, N.D., for
appellee.
Gonzales v. WSI
No. 20180365
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. The
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. VandeWalle, C.J.
Jerod E. Tufte
Daniel J. Crothers
Lisa Fair McEvers
Jon J. Jensen
1