
    2018 ND 39
    Joseph TARABOCHIA, Appellant v. NORTH DAKOTA WORKFORCE SAFETY AND INSURANCE, Appellee
    No. 20170295
    Supreme Court of North Dakota.
    Filed 2/22/2018
    Joseph Tarabochia, self-represented, Skamokawa, WA, appellant; submitted on brief.
    Brian Schmidt (argued) and Mitchell D. Armstrong (on brief), Special Assistant Attorneys General, Bismarck, ND, for appel-lee.
   Per Curiam.

[¶1] Joseph Tarabochia appealed from a judgment affirming a decision of Workforce Safety and Insurance finding Tara-bochia was not entitled to disability benefits for wage loss. Tarabochia argues the Administrative Law Judge (“ALJ”) erred in finding he was not justified in refusing a transitional job offer from his employer. A preponderance of the evidence supports the ALJ’s decision that Tarabochia was not entitled to disability benefits because he voluntarily limited his income without justification. There was no objective medical evidence, even after his traumatic brain injury diagnosis, that Tarabochia was unable to return to work under the restrictions provided by his physician and accommodated by his employer. 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  