Johnson v. North Dakota Workers Compensation Bureau

MESCHKE, Justice,

concurring.

With the understanding that the majority opinion directs that “Johnson is entitled to reimbursement of travel expenses pursuant to a Bureau rule duly promulgated,” I concur.

NDCC 13-01.1-01 requires “every state agency” to pay for “services pursuant to a contract with a business ... within forty-five days after receipt of the invoice covering the ... services.” No reply brief was filed to respond to the Bureau’s argument that “[ajttorneys fees are paid by legislative mandate, not by virtue of the Bureau having contracted for legal services.” While I do not agree that the “entire remuneration” language of NDCC 65-02-08 bears on the effect of a later, specific statute, I am content to concur in the result denying interest in this case. We can address the effect of Ch. 13-01.1 on an agency’s obligations in an adequately briefed appeal.