Baldock v. North Dakota Workers Compensation Bureau

554 N.W.2d 441, 1996 N.D. LEXIS 223, 1996 WL 555165
CourtNorth Dakota Supreme Court
DecidedOctober 1, 1996
DocketCivil 960062
StatusPublished
Cited by15 cases

This text of 554 N.W.2d 441 (Baldock 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
Baldock v. North Dakota Workers Compensation Bureau, 554 N.W.2d 441, 1996 N.D. LEXIS 223, 1996 WL 555165 (N.D. 1996).

Opinions

MARING, Justice.

Jeffrey Baldock appealed from a district court judgment upholding the deMal of additional benefits to Baldock by the North Dakota Workers Compensation Bureau (the Bureau). We hold the 1992 limitations on vocational rehabilitation retraining benefits, under Section 65-05.1-01, N.D.C.C., did not violate Baldock’s equal protection rights under the federal or state constitutions. We also hold the Bureau’s finding that Baldock’s [443]*443employer offered him a legitimate post-injury position is supported by a preponderance of the evidence, and we affirm the judgment.

On August 14, 1992, Baldock injured his left knee while working as a heating and air conditioning serviceman for Grant’s Mechanical in Fargo. He filed a claim for workers compensation benefits. The Bureau accepted the claim and paid related medical expenses and disability benefits. Baldock’s treating physician concluded Baldock could not return to his former job because his injury restricted his ability to climb and lift. Grant Mechanical, working with a vocational specialist, identified a modified position for Baldock doing shop maintenance and inventory control. Baldock concedes this position is within his physical limitations. However, Baldock was earning $432.00 per week before his injury and the new position only pays $280.00 per week. Consequently, Baldock declined the job offer and requested the Bureau to retrain him for a higher paying job. The Bureau refused to provide Baldock occupational retraining and, instead, entered an order awarding him partial disability benefits. Baldock requested reconsideration of the Bureau’s order. After a hearing, the Bureau’s initial determination was upheld. Baldock appealed to the district court, which upheld the Bureau’s order, and Baldock filed this appeal.

Baldock argues the statutory scheme for rehabilitation benefits violates his equal protection rights under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution1 and under Article I, Sections 21 and 22, of the North Dakota Constitution.2 The relevant statutory provisions in effect in 1992 when Baldock was injured are found under Sections 66-05.1-013 and 66-05-10, N.D.C.C.:

“65-05.1-01. Rehabilitation services.
⅜ ⅜ $ ⅜ ‡ ⅜
“3. It is the goal of vocational rehabilitation to return the disabled employee to substantial gainful employment with a minimum of retraining, as soon as possible after an injury occurs. ‘Substantial gainful employment’ means bona fide work, for remuneration, which is reasonably attainable in light of the individual’s injury, medical limitations, age, education, previous occupation, experience, and transferable skills, and which offers an opportunity to restore the employee as soon as practical and as nearly as possible to the employee’s average weekly earnings at the time of injury, or to seventy-five percent of the average weekly wage in this state on the date the rehabilitation consultant’s report is issued under section 65-05.1-02.1, whichever is less. The purpose of defining substantial gainful employment in terms of earnings is to determine the first appropriate priority option under subsection 4 of section 65-05.1-04 which meets this income test.
“4. The first appropriate option among the following, calculated to return the employee to substantial gainful em[444]*444ployment, must be chosen for the employee:
“a. Return to the same position.
“b. Return to a modified position_”
“65-05-10. Partial disability — Weekly compensation. If the injury causes temporary partial disability resulting in decrease of earning capacity, the compensation is sixty-six and two-thirds percent of the difference between the injured employee’s average weekly wages before the injury and the employee’s wage earning capacity after the injury in the same or another employment.
⅜ ⅜ * * ⅜ ⅜
“7. Benefits must be paid during the continuance of partial disability, not to exceed a period of five years....”

The statute expressly declares the purpose of the rehabilitation legislation is to return an injured employee to substantial gainful employment as quickly and with as little retraining as possible. The vocational rehabilitation specialist submitted a plan requiring Baldock to return to work with his former employer in the modified position of shop maintenance and inventory control, which matched Baldoek’s post injury physical limitations. The plan also awarded Baldock partial disability payments under Section 65-05-10, N.D.C.C. The modified position paid slightly more than seventy-five percent of the state average weekly wage of $270.00 and, therefore, met the statute’s goal of returning Baldock to substantial gainful employment. Consequently, the Bureau determined Bal-dock was not entitled to further vocational retraining services.

Baldock argues the statute creates a classification that discriminates against injured workers whose pre-injury earnings exceed seventy-five percent of the state average weekly wage and favors injured workers whose pre-injury earnings are equal to or less than seventy-five percent of the state average weekly wage. Baldock argues the statute’s retraining structure unfairly and unconstitutionally returns those lower wage workers, but not the higher wage workers, to their pre-injury earning capacity. Baldock concedes the statutory scheme is designed “to soften the blow” to higher wage workers by paying them partial disability benefits equal to two-thirds of the difference between their pre-injury and post-injury wages. However, he contends those payments, which generally terminate after five years, do not adequately alleviate the discriminatory impact of the statute.

All legislative enactments are imbued with a strong presumption of constitutionality, and the presumption is conclusive unless it is clearly shown that the statute contravenes the state or federal constitution. North Dakota Council of School Adm’rs v. Sinner, 458 N.W.2d 280 (N.D.1990). It is well settled that a legislative enactment is not unconstitutional merely because it is not all embracing or does not attempt to cure all the evils within its reach. Patch v. Sebelius, 320 N.W.2d 511 (N.D.1982). The wisdom, necessity, and expediency of legislation are questions for legislative not judicial determination. Haney v. North Dakota Workers Compensation Bureau, 518 N.W.2d 195 (N.D.1994).

The Equal Protection Clause of the United State’s Constitution does not forbid classifications, but does keep governmental decisionmakers from treating differently persons who are in all relevant respects alike. NL Indus., Inc. v. North Dakota State Tax Comm’r, 498 N.W.2d 141, 148 (N.D.1993).

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Baldock v. North Dakota Workers Compensation Bureau
554 N.W.2d 441 (North Dakota Supreme Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
554 N.W.2d 441, 1996 N.D. LEXIS 223, 1996 WL 555165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldock-v-north-dakota-workers-compensation-bureau-nd-1996.