Schmidt v. North Dakota Workers' Compensation Bureau

483 N.W.2d 186, 1992 N.D. LEXIS 75, 1992 WL 63081
CourtNorth Dakota Supreme Court
DecidedApril 2, 1992
DocketCiv. 910318
StatusPublished
Cited by4 cases

This text of 483 N.W.2d 186 (Schmidt 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
Schmidt v. North Dakota Workers' Compensation Bureau, 483 N.W.2d 186, 1992 N.D. LEXIS 75, 1992 WL 63081 (N.D. 1992).

Opinions

LEVINE, Justice.

The North Dakota Workers’ Compensation Bureau (the Bureau) appeals from a district court judgment reversing the Bureau’s denial of home nursing care benefits to Marvin Schmidt. We affirm the district court judgment.

On November 21, 1985, Marvin suffered severe burns to fifty percent of his body, including his entire back, his arms and hands, his buttocks and legs, as well as his scalp and face. He was hospitalized until December 13, 1985.

Upon release from the hospital, Marvin required considerable home care, including special ointment and bandages for the burn areas which Marvin could not himself apply. His bed linens had to be sterilized and [187]*187changed every day. His bathing required assistance. Marvin’s wife, Linda, provided this necessary help, estimated to take four and one-half hours a day, thereby eliminating the need for other assistance.

The Bureau accepted liability for Marvin’s claim and paid temporary total disability benefits. On January 2, 1986, the Bureau awarded Marvin a $250-a-month home nursing care allowance to compensate Linda for her services, with review of the allowance in three months.

Marvin underwent skin grafting surgery in March of 1986, and required continued assistance at home. His bandages had to be changed several times a day. He needed help to sit up, to arise from bed and to get up from a chair. He required frequent daily sponge baths. He could not put his hands in water and was fitted with special gloves. Linda continued to assist Marvin with these daily needs. She applied the prescribed ointment and followed the Doctor’s instructions in changing Marvin’s bandages.

On April 9, 1986, Marvin requested the Bureau to extend his home nursing care allowance. He was fitted with a Jobst garment1 that required two people to put on and take off and he continued to require ointment applied to the burn areas twice daily. The Bureau renewed Marvin’s home nursing care allowance for no more than three months.

In a letter to the Bureau dated June 11, 1986, Dr. Gruver, Marvin’s doctor, said:

“I believe that the care necessary for Mr. Schmidt at this point would be only that which a wife would normally be considered to provide for her husband. This consists of washing his pressure shirt and putting a fresh [shirt] on daily along with bandages on a couple of spots. This may have to be done twice a day but should not take more than fifteen minutes twice a day.”

Based upon this personal expression, the Bureau terminated the home nursing care allowance effective June 1, 1986.

On December 16, 1987, Marvin requested the Bureau to reinstate the home nursing care allowance as of May, 1986. The Bureau denied Marvin’s request. In its findings, the Bureau stated: “The Bureau has paid for home nursing care allowance through May of 1986. There is insufficient evidence that home nursing care is required to treat claimant’s injury.” Marvin requested a rehearing. Before the Bureau could rule on Marvin’s request, it received a letter from Dr. Juhala2 advising:

“Marvin also relates to me that his wife is helping him with daily dressing changes and with daily application of the creams and medications that are applied to his hypertrophic scars. He needs almost 1½ hours a day for the dressing changes, applications and the daily cleansing of his Jobst garments.”

The letter apparently precipitated a stipulation3 between the Bureau and Marvin. See Ekstrom v. N.D. Workers’ Comp. Bu[188]*188reau, 478 N.W.2d 380 (N.D.1991). The Bureau agreed to “continue to pay the sum of One Hundred Dollars ($100.00) monthly as reimbursement to claimant for home nursing services provided by claimant’s wife, so long as such services are reasonable and determined to be necessary for claimant’s care.”

The stipulation also provided for a reevaluation of the need for Linda’s services:

“4. It is expressly understood and agreed that the need for such services will be re-evaluated by claimant’s physician in or about July of 1988. Continued payment for home nursing services beyond the date of the re-evaluation of the need for such services by claimant’s physician, will be based on the evaluation and the recommendation of claimant’s physician.”

The stipulation was enforced and Marvin continued to receive home nursing care benefits until May 30, 1990. Then, the Bureau denied benefits4 because of a letter [189]*189from Dr. Juhala, which confirmed that Marvin continued to need special care but questioned the need for payment for that care:

“Marvin Schmidt is in need of compression garments, including gloves as well as the sleeve garments that he has had. I am not 100% sure whether this will be life-long but it usually takes between 3 and 5 years of continued pressure. I believe the patient is now approaching his 3rd year.
“The question about continued care for him being rendered by his wife is a question that will be addressed. I do not think that continued care needs to be rendered at this point and that the patient is totally sufficiently able to take care of himself at this point. There may be times when his wife will need to assist him but I don’t think it renders that type of payment any more.”

Marvin requested a rehearing. The hearing officer heard testimony from Marvin, Linda and Dr. Juhala. Linda testified to the daily application of the cream and the washing and fitting of the Jobst garment. These tasks, she said, took over an hour each day. Dr. Juhala thought that the time for applying the ointment was excessive but he did not know the time required in washing the garment. The hearing officer found that Marvin required assistance in applying the cream and that his Jobst garments needed special washing which Linda provided and which, impliedly, Marvin could not. The hearing officer concluded that Marvin was entitled to a home nursing care allowance.

Counsel for the Bureau petitioned the Executive Director for reconsideration, stressing that only skilled care or substantial care deserved compensation. Agreeing with counsel for the Bureau, the Bureau’s Executive Director issued an order denying home care benefits because the services provided were not compensable under NDCC § 65-05-07. Marvin then appealed to the district court.

The district court noted that Marvin could not reach all of the burned areas or properly place or maintain the Jobst garments. The court overruled the Bureau’s conclusion that the statute allows compensation for only skilled care. Instead, services need only be “reasonable and appropriate to the nature of the injury” and the services provided by Linda were reasonable and appropriate. The court reversed the Bureau’s decision and ordered the Bureau to provide the allowance from May 30, 1990. The Bureau appealed to this court.

Generally, we review the Bureau’s decision and not the decision of the district court. Braun v. N.D. Workers’ Comp. Bureau, 472 N.W.2d 457 (N.D. 1991). However, we recognize that the district court’s analysis is important and entitled to respect.

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Related

Transystems Services v. North Dakota Workers Compensation Bureau
550 N.W.2d 66 (North Dakota Supreme Court, 1996)
Spangler v. North Dakota Workers Compensation Bureau
519 N.W.2d 576 (North Dakota Supreme Court, 1994)
Schmidt v. North Dakota Workers' Compensation Bureau
483 N.W.2d 186 (North Dakota Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
483 N.W.2d 186, 1992 N.D. LEXIS 75, 1992 WL 63081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-v-north-dakota-workers-compensation-bureau-nd-1992.