Claim of Murray

431 N.W.2d 651, 1988 WL 119662
CourtNorth Dakota Supreme Court
DecidedNovember 10, 1988
DocketCiv. No. 880092
StatusPublished
Cited by1 cases

This text of 431 N.W.2d 651 (Claim of Murray) 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
Claim of Murray, 431 N.W.2d 651, 1988 WL 119662 (N.D. 1988).

Opinion

431 N.W.2d 651 (1988)

In re the Claim of James William MURRAY for Compensation From the North Dakota Workers Compensation Fund.
James William MURRAY, Appellant,
v.
NORTH DAKOTA WORKERS COMPENSATION BUREAU, Appellee, and
Fargo Iron & Metal Co., Respondent.

Civ. No. 880092.

Supreme Court of North Dakota.

November 10, 1988.

Baker Legal Clinic, Fargo, for appellant; argued by Alan Baker.

Dean J. Haas (argued), Asst. Atty. Gen., North Dakota Workers Compensation Bureau, Bismarck, for appellee.

MESCHKE, Justice.

James W. Murray appealed from a district court judgment affirming an order of the Workers Compensation Bureau denying him additional benefits for chiropractic care for his back. We reverse.

On February 21, 1985, while employed by Fargo Iron & Metal Company, Murray sustained multiple fractures to his feet when they were caught in the hopper of a metal crusher. The hopper raised Murray about ten feet above ground in an inverted position. When his feet pulled free from the hopper, he fell about five feet into the hopper's pit. Murray was immediately taken to the hospital for surgery on his feet. The Bureau paid Murray's medical expenses and disability benefits for those injuries.

Murray's initial claim did not state that he had injured his back. The hospital admission report by his treating physician, Dr. Johnson, indicated that Murray

"did not hit his head or neck and did not lose consciousness. He has noticed no back pain or thigh pain since the fall or accident occurred. The patient states that the fall was cushioned somewhat by wearing a large amount of clothing and a large snowmobile suit.
* * * * * *
"The patient denies any headache, dizziness, or fainting episodes, double vision, loss of vision, difficulty with hearing, runny nose, or discharge from the ears. No neck pain or difficulty swallowing. No chest pain or shortness of breath. No difficulty breathing. No problems with back pain, hip, or knee pain."

Murray was released from the hospital on March 8, 1985, but continued to see Dr. *652 Johnson for his feet. On April 4, 1985, Dr. Johnson reported that Murray's feet were asymptomatic.

Murray convalesced at home until August 21, 1985, when he returned to parttime work at Fargo Iron & Metal on a "work hardening program." This culminated in full-time work on September 9, 1985. Murray's medical rehabilitation coordinator reported that Murray "pushed himself to return to work in his regular position, something which other persons with the same type of injury would probably not have done." Murray testified that he began experiencing back pain after he returned to work. At a January 17, 1986, appointment for an evaluation of his feet, Murray complained to Dr. Johnson about low back pain and requested chiropractic care. Dr. Johnson told Murray that "if he feels he wants to proceed with chiropractic care, that would certainly be fine."

On January 24, 1986, Murray's work supervisor notified the Bureau that Murray was enduring back pain at work and requested a further evaluation. The Bureau told Murray's supervisor that it would pay for another evaluation of Murray's feet, but that it would not pay for an evaluation of Murray's back because "the back was not apparently injured at the time the feet were." The Bureau also told Dr. Johnson that it would not pay for chiropractic care for Murray's back "unless it is medically substantiated that the back problems are a result of that [February 1985] injury."

On February 4, 1986, Murray began treatment with Dr. Bernard Kaseman, a chiropractor. Based on X-rays taken then and on Murray's description and history, Dr. Kaseman diagnosed Murray as suffering from a sprain-strain injury as a result of the February 1985 fall. Dr. Kaseman treated him with "gentle spinal adjustments and physio-therapy in the forms of traction, ultrasound, diathermy, and Galvanic Muscle Stimulation."

After a report by Dr. Kaseman, the Bureau denied Murray benefits for the chiropractic care because:

"There is no indication anywhere in the file of any back problems before January 1986 which is almost a year after the injury occurred. There is no documentation in the file that there was ever a problem with your back and a relationship is not established. The onset of the back problems may have been coincidental with the return to work; however, the Bureau has no choice but to continue denial for such problems."

Thereafter, counsel for Murray wrote the Bureau:

"[B]ased on the Bureau's position concerning liability for the back problems that Mr. Murray is currently having, it would seem reasonable that Dr. Johnson perform an examination on Mr. Murray to determine if the back problems are related to the injuries Mr. Murray suffered on February 21, 1985. These back problems may be the direct result of the fall that Mr. Murray took after his feet were pinned in the machine and he was lifted off the ground or may be the secondary result of Mr. Murray having problems when he is walking as a result of his injuries."

The Bureau refused further benefits beyond those for his feet. Murray sought rehearing and again requested Bureau approval of an examination of his back by Dr. Johnson. The Bureau refused the examination but granted the rehearing.

After a formal hearing, the Bureau affirmed its order allowing Murray medical expenses "directly related" to his injuries to his feet in February 1985, but denying him "further benefits ... over and above those benefits previously awarded and paid." The Bureau determined:

"The medical evidence does not give any indication of the claimant having experienced any low back or related injury in connection with February 21, 1985, incident with the tin baler.
* * * * * *
"On February 21, 1985, upon admission to the hospital, claimant indicated that he had no neck pain or difficulty swallowing, no chest pain or shortness of breath, no difficulty breathing, and specifically no problems with back pain, hip, *653 or knee pain. The claimant also indicated that at the time of his accident, he did not hit his head or neck and did not lose consciousness. He further indicated that he did not notice any back pain or thigh pain since the accident.
"Approximately one year later, after having returned to work, the claimant began to complain of back problems. The Bureau first became aware of such complaints in January 1986.
"At hearing, the chiropractor, Bernard Kaseman, testified that he believed that claimant's back problems were causally related to the injury sustained in February, 1985. However, the doctor first examined claimant on February 4, 1986. Therefore, the doctor opinion is necessarily reliant upon claimant's story long after the fact.
"At hearing claimant testified that he did not notice any back pain while he was recuperating from his feet injuries.
* * * * * *
"Claimant also testified that he first noticed back pain shortly after he began working in September or October.
"At deposition Dr. Jim Johnson stated that he had released claimant following his injury to the feet and that he had no history whatever of claimant reporting any back pain to him until January 17, 1986.

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Related

Fercho v. North Dakota Workers Compensation Bureau
440 N.W.2d 507 (North Dakota Supreme Court, 1989)

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Bluebook (online)
431 N.W.2d 651, 1988 WL 119662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-murray-nd-1988.