Rieniets v. North Dakota Workers' Compensation Bureau

512 N.W.2d 708, 1994 N.D. LEXIS 56, 1994 WL 56501
CourtNorth Dakota Supreme Court
DecidedFebruary 28, 1994
DocketCiv. 930165
StatusPublished
Cited by5 cases

This text of 512 N.W.2d 708 (Rieniets 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
Rieniets v. North Dakota Workers' Compensation Bureau, 512 N.W.2d 708, 1994 N.D. LEXIS 56, 1994 WL 56501 (N.D. 1994).

Opinions

[709]*709NEUMANN, Justice.

William M. Rieniets filed a claim with the North Dakota Workers’ Compensation Bureau in connection with an employment-related injury suffered on June 23, 1990, and was awarded medical and disability benefits on a 50 percent aggravation basis. Rieniets appealed to the district court, which reversed the Bureau’s decision and directed that it pay these benefits on a 100 percent basis. The Bureau appeals from this judgment. We reverse the judgment and reinstate the Bureau’s decision.

In 1980, during his senior year in high school, Rieniets injured his right knee while playing basketball. The injury required the March 1981 surgical removal of the medial meniscus and other matter from Rieniets’ knee. Rieniets’ knee improved after the surgery and he had no problems with it while working heavy labor jobs after graduation.

On March 9, 1982, Rieniets, while employed as an oil rig pipe inspector, accidentally twisted his right knee when his leg was caught between two pipes. One month later, Rieniets underwent a second surgery and a “regenerated” meniscus and some cartilage were removed from his right knee. Rieniets filed a claim with the Bureau. The Bureau awarded him benefits from April 11, 1982, through June 20, 1982, but only on a 50 percent aggravation basis because of the 1980 non-work injury. Rieniets asserted that he never received the letter sent by a Bureau claims examiner informing him that he would receive benefits on only a 50 percent basis because his injury was being treated as an aggravation of the previous non-work injury.

After recovering from the second operation, Rieniets’ treating physician approved his return to heavy work. During the next five years, Rieniets worked at a variety of jobs, some requiring heavy labor, without experiencing any work-related difficulties with his right knee.

On July 9, 1988, Rieniets, while employed as a construction laborer, twisted his right leg when his foot was caught in a conveyor belt. No surgery was necessary, but Rien-iets’ physician placed him on a strengthening program.- Rieniets filed a claim with the Bureau. The Bureau paid benefits during the time he was unable to work, from July 9, 1988, through September 26, 1988, again on only a 50 percent aggravation basis. According to Rieniets, he did not appeal this order awarding aggravation benefits because the medical bills resulting from this injury were minimal and “it wasn’t worth it to me to fight with” the Bureau over the amount of benefits awarded.

During the next two years, Rieniets held numerous jobs without experiencing any difficulty with his right knee. On June 23, 1990, Rieniets, while employed as a kettle-man for a roofing company, slipped on a wet ladder rung, again injuring his right knee. When the knee did not respond to physical therapy, Rieniets’ physician performed arthroscopic surgery. The post-operative diagnosis was “early degenerative changes of the medial compartment of the knee, probably secondary to [Rieniets’] old injury and removal of the medial meniscus.” Rieniets began encountering problems with his knee locking up and his physician advised him to avoid heavy labor.

Rieniets filed a claim with the Bureau, which issued an order awarding benefits on a 20 percent aggravation basis: Rieniets, having obtained the assistance of an attorney, sought a rehearing. After the hearing, the hearing officer ruled that the aggravation statute applied, but awarded benefits on a 50 percent basis because the physician who treated Rieniets for the 1990 injury was unable to make an apportionment “between the first nonwork injury which triggered the onset of the right knee problem and his three subsequent work aggravations.” See N.D.C.C. § 65-05-15(4). The hearing officer also reasoned in his memorandum opinion that because the 1982 and 1988 injuries were accepted on a 50 percent aggravation basis, it was unreasonable to apportion the 1990 work injury at less than 50 percent.

Rieniets appealed the Bureau’s order awarding 50 percent benefits to district court. The district court ruled that the aggravation statute, N.D.C.C. § 65-05-15, was inapplicable under these circumstances and ordered that Rieniets be awarded benefits on [710]*710a 100 percent basis. This appeal by the Bureau followed.

We must 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 the 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. N.D. Workers Compensation Bureau, 482 N.W.2d 856, 859 (N.D.1992); N.D.C.C. § 28-32-19.

Rieniets asserts that the Bureau erred in applying the aggravation statute under these circumstances. However, it is unnecessary to address this issue because even if we agreed with Rieniets’ assertion, we must nevertheless uphold the Bureau’s 50 percent aggravation award.

The Bureau determined, and argues on appeal, that the November 25, 1988 order awarding Rieniets benefits on a 50 percent aggravation basis, from which Rieniets did not appeal, is final and res judicata on the aggravation question, providing an independent basis for upholding its decision in this case. We agree.

Section 65-05-04, N.D.C.C., provides:

“Bureau has continuing jurisdiction over claims properly jiled. If the original claim for compensation has been made within the time specified in section 65-05-01, the bureau at any time, on its own motion or on application, may review the award, and in accordance with the facts found on such review, may end, diminish, or increase the compensation previously awarded, or, if compensation has been refused or discontinued, may award compensation. There is no appeal from a bureau decision not to reopen a claim after the bureau’s order on the claim has become final.”

When a decision of the Bureau is final, it is “entitled to the same faith and credit as a judgment of a court of record.” N.D.C.C. § 65-05-03; Westman v. North Dakota Workers Compensation Bureau, 459 N.W.2d 540, 542 (N.D.1990).

In Lass v. North Dakota Workmen’s Compensation Bureau, 415 N.W.2d 796 (N.D.1987), we held that res judicata does not preclude a claimant from requesting benefits in the future based on a change in the claimant’s medical condition. We distinguished a request to reopen based on a change in condition from a request to reopen to consider new or additional evidence of the claimant’s medical condition at the time of the earlier denial. We said that in the latter situation, the Bureau’s decision whether to reopen and relitigate the claimant’s earlier medical condition is discretionary and cannot be appealed. We ruled that “absent a reopening, an unappealed decision on an employee’s present medical condition is final and res judicata of his medical condition at that time.” Lass, 415 N.W.2d at 800. See also Olson v. North Dakota Workers Compensation Bureau, 453 N.W.2d 606 (N.D.1990).

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

Related

Eslinger v. North Dakota Workforce Safety & Insurance
2009 ND 90 (North Dakota Supreme Court, 2009)
Bachmeier v. North Dakota Workers Compensation Bureau
2003 ND 63 (North Dakota Supreme Court, 2003)
Rieniets v. North Dakota Workers' Compensation Bureau
512 N.W.2d 708 (North Dakota Supreme Court, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
512 N.W.2d 708, 1994 N.D. LEXIS 56, 1994 WL 56501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rieniets-v-north-dakota-workers-compensation-bureau-nd-1994.