Johnson v. North Dakota Workers' Compensation Bureau

496 N.W.2d 562, 1993 N.D. LEXIS 18, 1993 WL 44505
CourtNorth Dakota Supreme Court
DecidedFebruary 23, 1993
DocketCiv. 920290
StatusPublished
Cited by7 cases

This text of 496 N.W.2d 562 (Johnson 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
Johnson v. North Dakota Workers' Compensation Bureau, 496 N.W.2d 562, 1993 N.D. LEXIS 18, 1993 WL 44505 (N.D. 1993).

Opinion

VANDE WALLE, Chief Justice.

The North Dakota Workers’ Compensation Bureau appealed from a district court judgment reversing the Bureau’s determination that Margaret Johnson did not have good cause to discontinue her vocational rehabilitation program. We reverse the judgment and reinstate the Bureau’s order.

While employed at a Jamestown restaurant, on February 20, 1986, Margaret fell and sustained an injury to her lower back. The Bureau accepted liability and awarded Margaret medical, disability, and vocational rehabilitation benefits. The Bureau and Margaret entered into a vocational rehabilitation contract which required Margaret to attend classes at the Southeast Vocational Center for twenty-four months to obtain training for a secretarial or a clerical position. Margaret attended classes from September 1988 through May 1990. However, she quit the program one month before completion, asserting that she was unable to continue because of increased back pain.

After the Bureau issued a notice of intent to discontinue benefits because of noncompliance with the contract, Margaret requested a hearing. A hearing officer determined that Margaret was medically able to finish her rehabilitation program, but that she was not motivated to return to work, or to finish the remaining month of the program. The hearing officer concluded that Margaret did not have good cause to discontinue her rehabilitation program and suspended her benefits during her noncompliance. The district court reversed, concluding that the Bureau’s findings were not supported by a preponderance of the evidence. The court determined that, rather than weighing the evidence, the Bureau selectively used parts of the evidence in order to sustain its findings that Margaret lacked motivation to return to work and failed to show good cause to discontinue her rehabilitation program. The court ordered reinstatement of Margaret’s disability benefits, and the Bureau appealed.

We review the Bureau’s decision and not the district court’s decision. Plein-is v. North Dakota Workers Compensation Bureau, 472 N.W.2d 459 (N.D.1991). We affirm the Bureau’s decision unless its findings of fact are not supported by a preponderance of the evidence, its conclusions of law are not sustained by its findings of fact, its decision is not supported by its conclusions of law, or its decision is not in accordance with the law. Matuska v. North Dakota Workers Compensation Bureau, 482 N.W.2d 856 (N.D.1992). In determining whether the Bureau’s findings of fact are supported by a preponderance of the evidence, we do not make independent findings of fact or substitute our judg *564 ment for that of the Bureau. Id. Rather, we determine only whether a reasoning mind could have reasonably determined that the Bureau’s factual determinations were supported by the evidence. Id.; Power Fuels, Inc. v. Elkin, 283 N.W.2d 214 (N.D.1979).

On appeal, the Bureau asserts that its determination that Margaret had not shown good cause for failing to finish her rehabilitation program was supported by a preponderance of the evidence. During oral argument to this court, the Bureau conceded that, under the rationale of Lass v. North Dakota Workmen’s Compensation Bureau, 415 N.W.2d 796 (N.D.1987), Margaret still may be entitled to disability benefits when she finishes the rehabilitation program. Thus, under Section 65-05.1-04, N.D.C.C., 1 the issue in this case does not encompass whether Margaret may be employable or entitled to benefits after she completes the rehabilitation program. Rather, the narrow dispositive issue is whether Margaret had reasonable cause to discontinue the rehabilitation program.

Margaret’s medical records showed a degenerative condition in her back. However, there was evidence that Margaret’s reported symptoms of back and leg pain were greater than indicated by her medical records, and that there was no diagnostic explanation for her symptoms. We have recognized that pain is often subjective and that benefits may be awarded even if there is no objective physical evidence of disability or impairment. Kroep-lin v. North Dakota Workmen’s Compensation Bureau, 415 N.W.2d 807 (N.D. 1987); Lyson v. North Dakota Workmen’s Compensation Bureau, 129 N.W.2d 351 (N.D.1964). However, in this ease, there was some evidence from rehabilitation coordinators and treating physicians which indicated that Margaret was not motivated to go back to work, or to continue her rehabilitation program. There was also evidence that the Southeast Vocational Center had openings to allow Margaret to complete the remaining month of her rehabilitation by attending classes four hours per day. On August 28, 1990, Dr. Charles Ray indicated that Margaret was capable of “very light” work and that he could not find “a good anatomical rationale for the pain in her right buttock, leg, and foot.” In response to the question of whether Margaret could finish the thirty days remaining in her rehabilitation program, Dr. Ray indicated that “it is unfortunate to break that program because it obviously will break that vocational potential for her at this time” and “urged [Margaret] to continue with a conservative care program and' to do the best she can with it.” Dr. Ray testified that “[f]rom a medical point of view, [he] would find no outstanding reason why — depending upon her symptomatic tolerance — as to why she would not be able to finish the program.” Dr. Ray later indicated that he was

“not suggesting that [Margaret] discontinue her training for clerical work. To *565 the contrary, I believe that there is no therapy like occupational therapy, and it is much better to be active and to hurt than to be inactive and to hurt. I was trying to point out that she should not be a candidate for further surgical intervention. I draw to your attention the last paragraph where I stated, ‘She indicated to me that she is not able to return to work and, at this time, does not expect to be able to in the future.’ I did not necessarily agree with that, and if she is able to be trained for a useful occupation within the range of her limitations, then more power to her. I think that the greatest limitation that she will have in the future is based on discomfort and her ability to manage her affairs and tolerate whatever pain she might have.”

The hearing officer found that “[fjinish-ing the training program in one month ... requires [Margaret] to do only sedentary type activities which she is apparently doing at home. The classes allow her to sit and stand as necessary....

However, there is evidence that [Margaret] has been unmotivated to return to work as early as ...

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Bluebook (online)
496 N.W.2d 562, 1993 N.D. LEXIS 18, 1993 WL 44505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-north-dakota-workers-compensation-bureau-nd-1993.