Jimison v. North Dakota Workmen's Compensation Bureau

331 N.W.2d 822, 1983 N.D. LEXIS 252
CourtNorth Dakota Supreme Court
DecidedMarch 17, 1983
DocketCiv. No. 10268
StatusPublished
Cited by22 cases

This text of 331 N.W.2d 822 (Jimison v. North Dakota Workmen's 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
Jimison v. North Dakota Workmen's Compensation Bureau, 331 N.W.2d 822, 1983 N.D. LEXIS 252 (N.D. 1983).

Opinion

331 N.W.2d 822 (1983)

James D. JIMISON, Appellant,
v.
NORTH DAKOTA WORKMEN'S COMPENSATION BUREAU, Appellee.

Civ. No. 10268.

Supreme Court of North Dakota.

March 17, 1983.

Hartelius and Associates, Great Falls, Mont. and Mahoney & Mahoney, Center, for appellant; argued by Ann Mahoney, Center.

Joseph F. Larson, II, Asst. Atty. Gen., North Dakota Workmen's Compensation Bureau, Bismarck, for appellee; argued by Joseph F. Larson, II, Asst. Atty. Gen., Bismarck.

*823 ERICKSTAD, Chief Justice.

This is an appeal by James D. Jimison from a judgment of the District Court of McKenzie County dated May 10, 1982, affirming the North Dakota Workmen's Compensation Bureau's order dated July 21, 1980, which affirmed the Bureau's previous order denying Jimison further disability benefits. For the reasons hereinafter stated, we affirm.

On January 28, 1979, Jimison was injured in a work-related accident while employed by Circle T Drilling Company as a motorman on a drilling rig. Jimison described the accident and resultant injuries to his treating physician, Dr. Harper, in the following manner:

"Boiler was out on the rig. Rig floor was icy. Stepped off floor to pick up chain. Feet flew out from under, causing me to fall, injuring shoulder, neck, right arm. Fingers (2 small on right hand) have no feeling . . . . Constant headache since injury."

The Bureau accepted liability for Jimison's injuries and consequently paid him temporary total disability benefits[1] from January 29, 1979, through October 14, 1979. These facts are not questioned on appeal.

On November 14, 1979, the Bureau issued an order denying Jimison any further disability benefits. Upon Jimison's request, a rehearing was held with regard to this matter on May 20, 1980. Subsequent thereto, the Bureau issued an order, dated July 21, 1980, affirming its prior decision to terminate Jimison's benefits. In this order, the Bureau made the following findings of fact and conclusions of law:

"FINDINGS OF FACT

"I.

"That the claimant filed a claim for benefits with the North Dakota Workmen's Compensation Bureau on March 1, 1979, for an injury sustained by him on January 28, 1979.

"II.

"That on January 28, 1979, the claimant was employed by Circle T Drilling Company, Inc., of Denver, Colorado, as a motorman.

"III.

"That the claimant suffered injuries to his back, neck, and fingers on his right hand due to falling on ice on the rig floor while in the course of his employment on January 28, 1979.

"IV.

"That the Bureau accepted liability for the claim and paid benefits indicated above.

"V.

"That the claimant has been extensively evaluated, at the Bureau's expense, at the University Hospital of the University of Washington.

"VI.

"That the medical information obtained as the result of that evaluation indicated that the claimant's primary problem was of headaches which were felt to be tension-related; that the bilateral arm pain with right hand paresthesias would be aided by an excerise [exercise] program *824 in that the strength that the claimant has had in his arms and legs has decreased over the past year primarily due to disuse; and that the third problem was found to be of mild arachnoditis from previous surgery.

"VII.

"That the medical information supplied from the University Hospital also indicates that these findings were discussed with the claimant and his wife and that they were informed of recommendations made at the hospital.

"VIII.

"That the claimant and his wife denied any knowledge of the findings of recommendations made by the University Hospital.

"IX.

"That the claimant is capable of engaging in many employment related activities and has a substantial income from those activities.

"CONCLUSIONS OF LAW

"I.

"That the claimant has failed to prove that he remains disabled as a result of an employment injury on January 28, 1979.

"II.

"That the claimant has failed to prove that he is entitled to any further benefits under the Workmen's Compensation Act in connection with his condition."

Jimison appealed the Bureau's decision to the District Court of McKenzie County which affirmed the Bureau's order. Consequently, Jimison now appeals from the judgment of the district court. His contentions on appeal are twofold: first, that findings of fact numbers six and nine are not supported by a preponderance of the evidence; and, second, that the Bureau's conclusions of law are not sustained by its findings of fact.

When reviewing an appeal from an administrative agency decision, this court is guided by the standard of review set forth in Section 28-32-19, N.D.C.C., which reads in pertinent part:

"... the court shall affirm the decision of the agency unless it shall find that any of the following are present:

* * * * * *

5. The findings of fact made by the agency are not supported by a preponderance of the evidence.

6. The conclusions and decision of the agency are not supported by its findings of fact."

In accordance thereto, we must review the findings of fact, conclusions of law and order made by the Bureau rather than the findings by the district court. Davis v. North Dakota Workmen's Compensation Bureau, 317 N.W.2d 820, 822 (N.D.1982); Nelson v. North Dakota Workmen's Compensation Bureau, 316 N.W.2d 790, 793 (N.D.1982); Inglis v. North Dakota Workmen's Compensation Bureau, 312 N.W.2d 318, 321 (N.D.1981); Claim of Bromley, 304 N.W.2d 412, 414 (N.D.1981); Steele v. North Dakota Workmen's Compensation Bureau, 273 N.W.2d 692, 696 (N.D.1979). This review is limited and involves the three-step process of determining whether or not the findings of fact are supported by a preponderance of the evidence, whether or not the conclusions of law are sustained by the findings of fact, and whether or not the agency decision is supported by the conclusions of law. Davis, supra, 317 N.W.2d at 822; Nelson, supra, 316 N.W.2d at 793; Inglis, supra, 312 N.W.2d at 322; Claim of Bromley, supra, 304 N.W.2d at 415.

Hence, in the case at bar, our first step is to ascertain whether or not the disputed findings of fact are supported by a preponderance of the evidence. In Power Fuels, Inc. v. Elkin, 283 N.W.2d 214, 219 (N.D.1979), we defined preponderance of evidence as "evidence more worthy of belief," or "the greater weight of evidence," or "testimony that brings the greater conviction of truth." See, also, Gramling v. *825 North Dakota Workmen's Compensation Bureau, 303 N.W.2d 323, 328 (N.D.1981); Steele, supra, 273 N.W.2d at 697. We have further clarified the scope of review to be utilized under the "preponderance of evidence" standard by enunciating the following guideline:

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

Related

State v. Davis
2016 ND 145 (North Dakota Supreme Court, 2016)
Midthun v. NORTH DAKOTA WORKFORCE SAFETY AND INSURANCE
2009 ND 22 (North Dakota Supreme Court, 2009)
Rodenbiker v. WORKFORCE SAFETY AND INSURANCE
2007 ND 169 (North Dakota Supreme Court, 2007)
Lesmeister v. North Dakota Workers Compensation Bureau
2003 ND 60 (North Dakota Supreme Court, 2003)
Kraft v. North Dakota State Board of Nursing
2001 ND 131 (North Dakota Supreme Court, 2001)
Vraa v. North Dakota Workers Compensation Bureau
1999 ND 6 (North Dakota Supreme Court, 1999)
Darling v. Gosselin
1999 ND 8 (North Dakota Supreme Court, 1999)
Ehrmantraut v. North Dakota Workers Compensation Bureau
469 N.W.2d 557 (North Dakota Supreme Court, 1991)
Wendt v. North Dakota Workers Compensation Bureau
467 N.W.2d 720 (North Dakota Supreme Court, 1991)
Perman v. North Dakota Workers Compensation Bureau
458 N.W.2d 484 (North Dakota Supreme Court, 1990)
DeChandt v. North Dakota Workers Compensation Bureau
452 N.W.2d 82 (North Dakota Supreme Court, 1990)
Hayden v. North Dakota Workers Compensation Bureau
447 N.W.2d 489 (North Dakota Supreme Court, 1989)
Risch v. North Dakota Workers Compensation Bureau
447 N.W.2d 308 (North Dakota Supreme Court, 1989)
Froysland v. North Dakota Workers Compensation Bureau
432 N.W.2d 883 (North Dakota Supreme Court, 1988)
Hayes v. North Dakota Workers Compensation Bureau
425 N.W.2d 356 (North Dakota Supreme Court, 1988)
Claim of Olson
419 N.W.2d 894 (North Dakota Supreme Court, 1988)
Olson v. North Dakota Workers Compensation Bureau
419 N.W.2d 894 (North Dakota Supreme Court, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
331 N.W.2d 822, 1983 N.D. LEXIS 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jimison-v-north-dakota-workmens-compensation-bureau-nd-1983.