Bachmeier v. North Dakota Workers Compensation Bureau

2003 ND 63, 660 N.W.2d 217, 2003 N.D. LEXIS 76, 2003 WL 1889172
CourtNorth Dakota Supreme Court
DecidedApril 17, 2003
Docket20020270
StatusPublished
Cited by14 cases

This text of 2003 ND 63 (Bachmeier v. North Dakota Workers Compensation Bureau) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bachmeier v. North Dakota Workers Compensation Bureau, 2003 ND 63, 660 N.W.2d 217, 2003 N.D. LEXIS 76, 2003 WL 1889172 (N.D. 2003).

Opinions

SANDSTROM, Justice.

[¶ 1] Anna Bachmeier, as personal representative of the estate of Randy Ba-chmeier, appealed from a judgment affirming an order of the Workers Compensation Bureau denying Randy Bachmeier’s reapplication for disability benefits. We affirm, concluding the Bureau correctly interpreted the law and did not err in determining Randy Bachmeier had failed to show an actual wage loss caused by a significant change in his compensable medical condition.

I

[¶ 2] In January 1994, Randy Bachmeier sustained a work-related back injury while employed by Nordic Fiberglass, Inc. Bachmeier applied for Workers Compensation benefits, and the Bureau accepted the claim and paid medical and disability benefits. Bachmeier returned to work at Nordic Fiberglass part time in November 1994, and the Bureau paid partial disability benefits until December 24,1994.

[¶ 3] In July 1995, Bachmeier had surgery for a herniated disc at L4-L5. Ba-chmeier reapplied for benefits and received temporary total disability benefits until October 1995, when he returned to work part time at Nordic Fiberglass. Ba-chmeier received vocational rehabilitation assistance, and a modified position was provided at Nordic Fiberglass. In March 1996, Bachmeier’s treating physician released him to return to work full time in [219]*219the modified position at Nordic Fiberglass. Bachmeier claimed he had continuing back pain and could not perform the modified job full time. On several occasions during March and April 1996, Bachmeier was absent from work because of his back pain.

[¶ 4] On May 21, 1996, the Bureau denied further disability benefits, on the basis of Bachmeier’s return to full-time employment. Two days later, on May 23, 1996, Nordic Fiberglass fired Bachmeier for his absenteeism. Bachmeier did not seek other employment after his termination by Nordic Fiberglass. Bachmeier initially attempted to appeal the Bureau’s May 21, 1996, order denying further disability benefits, but voluntarily withdrew his appeal.

[¶ 5] Bachmeier reapplied for disability benefits in July 2000, alleging new medical evidence showed his 1995 surgery had not fully corrected his back problems and he had been disabled and unable to work at all times after his May 1996 termination by Nordic Fiberglass. Bachmeier alleged an MRI performed in April 2000 showed a herniated disc at L5-S1, and presented evidence from physicians that a “bulge” at that spot in 1994 had progressed to the eventual herniation.

[¶ 6] The Bureau denied Bachmeier’s reapplication, concluding Bachmeier had failed to show a significant change in his compensable medical condition and had failed to show an actual wage loss caused by such a change. Bachmeier filed a request for a hearing before an administrative law judge (“ALJ”). Following the hearing, but before the ALJ issued his decision, Bachmeier died of causes unrelated to the work injury. Anna Bachmeier was appointed personal representative of Randy Bachmeier’s estate and was substituted as a party.

[¶ 7] The ALJ issued his recommended findings of fact, conclusions of law, and order, finding Randy Bachmeier had sustained a significant change in his compen-sable medical condition but had failed to show an actual wage loss. The Bureau adopted the ALJ’s recommended findings, conclusions, and order denying the reapplication for benefits. Anna Bachmeier appealed to the district court, which affirmed the order of the Bureau.

[¶ 8] The district court had jurisdiction under N.D. Const, art. VI, § 8, and N.D.C.C. §§ 27-05-06, 65-10-01, and 28-32-42. Anna Bachmeier’s appeal to this Court was timely under N.D.RApp.P. 4(a) and N.D.C.C. § 28-32-49. This Court has jurisdiction under N.D. Const, art. VI, §§ 2 and 6, and N.D.C.C. § 28-32-49.

II

[¶ 9] Under N.D.C.C. § 28-32-46, the district court must affirm an order of an administrative agency unless it finds any of the following are present:

1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of the appellant.
3. The provisions of this chapter have not been complied with in the proceedings before the agency.
4. The rules or procedure of the agency have not afforded the appellant a fair hearing.
5. The findings of fact made by the agency are not supported by a preponderance of the evidence.
6. The conclusions of law and order of the agency are not supported by its findings of fact.
7. The findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant.
[220]*2208. The conclusions of law and order of the agency do not sufficiently explain the agency’s rationale for not adopting any contrary recommendations by a hearing officer or an administrative law judge.

On appeal from the district court ruling on an administrative decision, this Court reviews the agency order in the same manner. N.D.C.C. § 28-32^49; Morris v. Job Service North Dakota, 2003 ND 45, ¶ 5, 658 N.W.2d 345; Grand Forks Prof'l Baseball, Inc. v. North Dakota Workers Comp. Bureau, 2002 ND 204, ¶ 8, 654 N.W.2d 426.

[¶ 10] We review the decision of the administrative agency, rather than that of the district court, although the district court’s- analysis is entitled to respect. Paul v. North Dakota Workers Comp. Bureau, 2002 ND 96, ¶ 6, 644 N.W.2d 884. We exercise restraint in deciding whether the agency’s findings of fact are supported by a preponderance of the evidence, and we do not make independent findings or substitute our judgment for that of the agency. Id. We decide only whether a reasoning mind reasonably could have decided the agency’s findings were proven by the weight of the evidence from the entire record. Id. Questions of law, including the interpretation of a statute, are fully reviewable on appeal from an administrative decision. Morris, 2003 ND 45, ¶ 5, 658 N.W.2d 345; Grand Forks Prof'l Baseball, 2002 ND 204, ¶ 8, 654 N.W.2d 426.

Ill

[¶ 11] A claimant seeking benefits from the workers compensation fund has the burden of proving by a preponderance of the evidence that he is entitled to benefits. N.D.C.C. § 65-01-11; Gronfur v. North Dakota Workers Comp. Fund, 2003 ND 42, ¶ 6, 658 N.W.2d 337; Rush v. North Dakota Workers Comp. Bureau, 2002 ND 129, ¶ 6, 649 N.W.2d 207. When a claimant’s disability benefits have been discontinued and the claimant sustains a significant change in medical condition that causes further wage loss, the claimant may file a reapplication seeking further disability benefits. Gronfur, at ¶ 6. Reapplication for disability benefits is governed by N.D.C.C. § 65-05-08(1):

When disability benefits are discontinued, the bureau may not begin payment again unless the injured employee files a reapplication for disability benefits on a form supplied by the bureau. In case of reapplication, the award may commence no more than thirty days before the date of reapplication. Disability benefits must be reinstated upon proof by the injured employee that:
a. The employee has sustained a significant change in the compensable medical condition;
b.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Johnson v. North Dakota Workforce Safety & Insurance
2010 ND 198 (North Dakota Supreme Court, 2010)
Matter of M.D.
2010 ND 190 (North Dakota Supreme Court, 2010)
Huwe v. Workforce Safety & Insurance
2008 ND 47 (North Dakota Supreme Court, 2008)
State v. Tibor
2008 ND 44 (North Dakota Supreme Court, 2008)
Aga v. Worforce Safety & Insurance
2006 ND 254 (North Dakota Supreme Court, 2006)
Houn v. Workforce Safety & Insurance
2005 ND 115 (North Dakota Supreme Court, 2005)
Sorlie v. Workforce Safety & Insurance
2005 ND 83 (North Dakota Supreme Court, 2005)
Beckler v. Workforce Safety & Insurance
2005 ND 33 (North Dakota Supreme Court, 2005)
In Re Beckler
2005 ND 33 (North Dakota Supreme Court, 2005)
Paul v. Workforce Safety & Insurance
2003 ND 188 (North Dakota Supreme Court, 2003)
Bachmeier v. North Dakota Workers Compensation Bureau
2003 ND 63 (North Dakota Supreme Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
2003 ND 63, 660 N.W.2d 217, 2003 N.D. LEXIS 76, 2003 WL 1889172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bachmeier-v-north-dakota-workers-compensation-bureau-nd-2003.