Lindell v. North Dakota Workers Compensation Bureau

1998 ND 174, 584 N.W.2d 520, 1998 N.D. LEXIS 185, 1998 WL 665787
CourtNorth Dakota Supreme Court
DecidedSeptember 29, 1998
DocketCivil 970353
StatusPublished
Cited by6 cases

This text of 1998 ND 174 (Lindell 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
Lindell v. North Dakota Workers Compensation Bureau, 1998 ND 174, 584 N.W.2d 520, 1998 N.D. LEXIS 185, 1998 WL 665787 (N.D. 1998).

Opinions

VANDE WALLE, Chief Justice.

[¶ 1] David Lindell appealed from a judgment affirming a Workers Compensation Bureau order denying his request for disability benefits. We conclude the Bureau did not err in deciding Lindell failed to satisfy the disability verification requirements under N.D.C.C. § 65-05-08.1. We, therefore, affirm the judgment.

[¶ 2] On January 24, 1994, Lindell was employed as a truck driver with TranSys-tems, Inc. He injured his right shoulder and left hip that day when he slipped and fell on ice while performing a safety check on his beet-hauling truck at the American Crystal Sugar plant in Drayton. On February 8, 1994, Dr. Kauko Jantunen diagnosed Lindell with a “contusion” to his right shoulder and left hip, and estimated Lindell would miss work for five to seven days. After missing only three days of work, Lindell continued driving truck for TranSystems for the final 18 days of the 1994 beet-hauling season.

[¶ 3] Lindell applied for workers compensation benefits on February 18, 1994. The Bureau eventually accepted liability for Lin-dell’s medical bills. No disability benefits were then awarded because Lindell had not [522]*522requested any and there was no period of disability beyond five days.

[¶ 4] During May 1994, Lindell worked as a truck driver for Power Fuels, Inc., but left the company because of discomfort in his right arm and shoulder. Lindell also attempted to work as a cement truck driver in June 1994, but again left that employment because of pain in his right arm. During August 1994, Lindell worked as a truck driver for Sundhagen Construction, but left in September 1994 so he could return to work as a driver for TranSystems. Lindell left TranSystems after only a few days of work because other truck drivers and personnel ridiculed him when the pain in his arm prevented him from completely dumping the beets from the bed of his truck. Lindell tried to drive truck for various other companies until May 1995, but each time could not do so because of the pain in his shoulder.

[¶ 5] In June 1995, Lindell requested disability benefits and “back pay” from the Bureau. Lindell told the Bureau he had not suffered any new injury, but his injury had been “constant” since January 1994. Lindell also sought additional medical treatment. Dr. Jantunen referred Lindell to Dr. Paul MacLeod, an orthopedic specialist, who obtained an MRI to assess the problem with Lindell’s right arm. After the MRI, Dr. MacLeod believed Lindell had “tendinitis,” and prescribed anti-inflammatories and cortisone injections for treatment.

[¶ 6] Between the January 1994 work injury and Lindell’s June 1995 request for disability benefits, Lindell, his wife, and their four children received Aid to Families with Dependent Children (AFDC) benefits through Williams County Social Services because Lindell was considered an “unemployed parent.” The family also received Medicaid coverage that paid for substantial medical care needed by Lindell’s wife and some of their children.

[¶ 7] On February 14, 1996, the Bureau ordered payment of the reasonable medical expenses for treatment of Lindell’s January 1994 work injury, but denied his request for disability benefits. Lindell requested a formal hearing.

[¶ 8] Following the hearing, the Administrative Law Judge (ALJ) recommended findings of fact, conclusions of law, and an order affirming the Bureau decision. The ALJ concluded the greater weight of the evidence showed Lindell did not furnish the Bureau with medical verification satisfying the requirements of § 65-05-08.1 for disability eligibility. The ALJ found Lindell did not claim disability benefits before June 1995 because his family had been eligible for Medicaid and Lindell believed workers compensation disability benefits would disqualify them from eligibility for Medicaid. The ALJ concluded Lindell deliberately chose to not seek disability benefits between the date of injury in January 1994 and June 1995, and thereby “voluntarily waived any claim for Workers Compensation disability benefits for that same period that his household was eligible for AFDC/Medicaid benefits.”

[¶ 9] The Bureau adopted the ALJ’s recommended findings and conclusions, and issued an order denying disability benefits. The district court affirmed the Bureau’s order, and Lindell appealed to this Court.

[¶ 10] On appeal, we review the Bureau’s decision, not the district court’s decision, and we affirm unless the findings of fact are not supported by a preponderance of the evidence, the conclusions of law are not supported by the findings of fact, the decision is not supported by the conclusions of law, the decision is not in accordance with the law or violated the appellant’s constitutional rights, or the agency’s rules or procedures deprived the appellant of a fair hearing. See Sprunk v. North Dakota Workers Compensation Bureau, 1998 ND 93, ¶4, 576 N.W.2d 861; N.D.C.C. §§ 28-32-19 and 28-32-21. As we said in Feist v. North Dakota Workers Compensation Bureau, 1997 ND 177, ¶ 8, 569 N.W.2d 1, our review of the Bureau’s findings of fact is limited to determining if it reasonably could have determined the findings were proved by the weight of the evidence from the entire record.

[¶ 11] The first four subsections of N.D.C.C. § 65-05-08.1 (1995) require certain [523]*523information to verify disability:1

1. The claimant’s doctor shall certify the period of temporary total disability upon request of the bureau.
2. A doctor certifying disability shall include in the report filed with the bureau:
a. The medical basis established by medical evidence supported by objective medical findings for the certification of disability;
b. Whether the employee is totally disabled, from any and all employment, or whether the employee is able to return to some employment, including light work or sedentary work;
c. If the employee is not totally disabled, a statement of the employee’s restrictions and physical limitations; and
d. A professional opinion as to the expected length of, and reason for, the disability.
e. A doctor may not certify or verify past disability unless the doctor has examined the employee within the previous sixty days and filed those reports required by this title.
3. The report must be filed on a form furnished by the bureau, or on any other form acceptable to the bureau.
4. The claimant shall ensure that the required reports are filed.

[¶ 12] Lindell argues the Bureau erred in applying the requirements of N.D.C.C. § 65-05-08.1 (1995) to his initial claim for disability because the statute applies only to the Bureau’s termination of disability after those benefits have been awarded.

[¶ 13] For this position, Lindell relies on this Court’s statement in Frohlich v. North Dakota Workers Compensation Bureau, 556 N.W.2d 297, 302 (N.D.1996), that “NDCC 65-05-08.1 is obviously intended to implement those pretermination protections and to prevent gaps in a claimant’s medical record . through updated medical reports about the duration of a claimant’s disability.” Frohlich and our other prior cases interpreting this statute have arisen in the context of Bureau efforts to terminate disability benefits a claimant is already receiving. See, e.g., Flink v.

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Related

Mikkelson v. North Dakota Workers Compensation Bureau
2000 ND 67 (North Dakota Supreme Court, 2000)
State v. Goulet
1999 ND 80 (North Dakota Supreme Court, 1999)
Saakian v. North Dakota Workers Compensation Bureau
1998 ND 227 (North Dakota Supreme Court, 1998)
Gullickson v. Gullickson
1998 ND 207 (North Dakota Supreme Court, 1998)
Lindell v. North Dakota Workers Compensation Bureau
1998 ND 174 (North Dakota Supreme Court, 1998)

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Bluebook (online)
1998 ND 174, 584 N.W.2d 520, 1998 N.D. LEXIS 185, 1998 WL 665787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindell-v-north-dakota-workers-compensation-bureau-nd-1998.