Barnes v. Workforce Safety & Insurance

2003 ND 141, 668 N.W.2d 290, 2003 N.D. LEXIS 154, 2003 WL 22039470
CourtNorth Dakota Supreme Court
DecidedSeptember 2, 2003
Docket20030012
StatusPublished
Cited by30 cases

This text of 2003 ND 141 (Barnes v. Workforce Safety & Insurance) 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
Barnes v. Workforce Safety & Insurance, 2003 ND 141, 668 N.W.2d 290, 2003 N.D. LEXIS 154, 2003 WL 22039470 (N.D. 2003).

Opinions

NEUMANN, Justice.

[¶ 1] Celeste Barnes appeals from a district court judgment affirming an order of Workforce Safety and Insurance1 denying benefits for Barnes’s cervical spine condition. We affirm, concluding that the administrative law judge (“ALJ”) did not err in admitting expert testimony, that the ALJ and the organization did not apply an erroneous legal standard, and that the organization’s finding that Barnes’s cervical spine condition was- not a compensable injury is supported by a preponderance of the evidence.

I

[¶ 2] Barnes had a lengthy history of non-work-related low back problems, culminating in surgery to fuse the L5-S1 vertebrae in February 1998. She returned to her employment as an administrative assistant at Cross Ranch State Park in May 1998.

[¶ 3] On September 2, 1998, as Barnes was getting out of her chair at work, the back of the chair broke off and she fell backwards onto her tailbone. Barnes was taken by ambulance to a Bismarck hospital, where she complained of extreme back pain and some tightening in her neck. The emergency room doctor diagnosed a contused sacrum. Barnes thereafter saw her regular doctor, who released her to return to work on September 21, 1998.

[¶ 4] Barnes filed a claim for her injuries with the organization on September 11, 1998. The organization accepted the claim and began paying Barnes’s medical expenses. Barnes experienced continuing low back problems after the work injury, and in April 1999 had surgery to remove screws from her prior back surgery.

[¶ 5] At some point after the work injury Barnes began experiencing numbness in her fingers and some neck pain. An MRI performed in November 1999 showed some bulging of the cervical discs. Barnes was referred to Dr. Francis Denis, who diagnosed Barnes with herniated cervical discs with congenital spinal, stenosis. On May 23, 2000, Dr. Denis performed fusion surgery on Barnes’s cervical spine at C4-5, C5-6, and C6-7.

[¶ 6] In March 2000, the organization informed Barnes that it was denying liability for her neck and upper extremity [292]*292problems. Barnes’s attorney provided additional information to the organization, including a letter from her treating physician, Dr. Martire, stating the cervical problems were causally related to her work injury. Barnes requested that the organization issue an appealable order if it was not going to pay medical expenses for her cervical spine problems. The organization requested an opinion from its medical consultant, Dr. Kilzer, and also requested an independent record review by Dr. Simonet, an orthopedic surgeon. Both Dr. Kilzer and Dr. Simonet concluded Barnes’s cervical problems were not causally related to her work injury. On November 2, 2000, the organization issued an order denying specific benefits, concluding Barnes’s cervical spine problems were not related to the work injury.

[¶ 7] Barnes requested a hearing, which was scheduled for May 3, 2001. Shortly after the hearing began, the ALJ determined a continuance was necessary to allow further discovery and to, allow the organization to amend its order to address disability benefits. After the organization issued an amended order denying disability benefits, the hearing was continued on November 7, 2001. The ALJ issued her recommended findings of fact, conclusions of law, and order, finding Barnes’s cervical problems were not causally related to her work injury and affirming the organization’s order denying benefits. The organization adopted the- ALJ’s recommended findings, conclusion, and order. The organization denied Barnes’s request for reconsideration, and she appealed to the district court. The district court affirmed the organization’s order, and Barnes appealed to this Court.

II

[¶ 8] 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.
8. ■ 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 an appeal from the district court’s judgment, this Court' reviews the agency order in the same manner. N.D.C.C. § 28-32-49; Grand Forks Prof'l Baseball, Inc. v. North Dakota Workers Comp. Bureau, 2002 ND 204, ¶ 8, 654 N.W.2d 426.

[¶ 9] 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 [293]*293agency. 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. Grand Forks Prof'l Baseball, 2002 ND 204, ¶ 8, 654 N.W.2d 426.

Ill

[¶ 10] The sole issue raised by Barnes on appeal is whether the organization’s finding that Barnes’s cervical spine problem was not a compensable injury is supported by a preponderance of the evidence. In support of her argument, Barnes contends that the organization should not have relied upon the expert opinions of Dr. Simonet and Dr. Kilzer, and that the organization and the ALJ applied an incorrect legal standard in determining Barnes’s cervical condition was not causally related to her work injury.

A

[¶ 11] Barnes argues the organization should not be allowed to rely upon the expert opinion of Dr. Kilzer, an orthopedic surgeon who was employed by the organization as a medical consultant. Barnes claims there is no statutory authority for the organization to rely upon the opinion of one of its own employees as substantive evidence in a formal administrative proceeding.

[¶ 12] Admissibility of evidence in adjudicative proceedings before an administrative agency is governed by the North Dakota Rules of Evidence. N.D.C.C. § 28-32-24(1); Aalund v. North Dakota Workers Comp. Bureau, 2001 ND 32, ¶ 7, 622 N.W.2d 210. Under N.D.R.Ev. 702, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of opinion if his scientific, technical, or other specialized knowledge will assist the trier of fact. See Myer v. Rygg,

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

Related

Frith v. Safety
2014 ND 93 (North Dakota Supreme Court, 2014)
Curran v. North Dakota Workforce Safety & Insurance
2010 ND 227 (North Dakota Supreme Court, 2010)
State v. Steffes
2010 ND 232 (North Dakota Supreme Court, 2010)
Workforce Safety & Insurance v. Auck
2010 ND 126 (North Dakota Supreme Court, 2010)
Shotbolt v. North Dakota Workforce Safety & Insurance
2010 ND 13 (North Dakota Supreme Court, 2010)
Bergum v. NORTH DAKOTA WORKFORCE SAFETY AND INSURANCE
2009 ND 52 (North Dakota Supreme Court, 2009)
Huwe v. Workforce Safety & Insurance
2008 ND 47 (North Dakota Supreme Court, 2008)
State v. Tibor
2008 ND 44 (North Dakota Supreme Court, 2008)
Swenson v. Workforce Safety & Insurance Fund
2007 ND 149 (North Dakota Supreme Court, 2007)
Olsson v. Workforce Safety and Insurance
2007 ND 58 (North Dakota Supreme Court, 2007)
Tverberg v. Workforce Safety & Insurance
2006 ND 229 (North Dakota Supreme Court, 2006)
Forbes v. Workforce Safety & Insurance Fund
2006 ND 208 (North Dakota Supreme Court, 2006)
Lee v. Buehner
2006 ND 204 (North Dakota Supreme Court, 2006)
Bjerklie v. WORKFORCE SAFETY AND INSURANCE
2005 ND 178 (North Dakota Supreme Court, 2005)
Acuity Ins. Co. v. Meridian Ins. Co.
2005 ND 169 (North Dakota Supreme Court, 2005)
Amerada Hess Corp. v. State Ex Rel. Tax Commissioner
2005 ND 155 (North Dakota Supreme Court, 2005)
Sorlie v. Workforce Safety & Insurance
2005 ND 83 (North Dakota Supreme Court, 2005)
Thomas v. WORKFORCE SAFETY AND INSURANCE
2005 ND 52 (North Dakota Supreme Court, 2005)
Vogel v. Workforce Safety & Insurance
2005 ND 43 (North Dakota Supreme Court, 2005)
Beckler v. Workforce Safety & Insurance
2005 ND 33 (North Dakota Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
2003 ND 141, 668 N.W.2d 290, 2003 N.D. LEXIS 154, 2003 WL 22039470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-workforce-safety-insurance-nd-2003.