Vraa v. North Dakota Workers Compensation Bureau

1999 ND 6, 588 N.W.2d 857
CourtNorth Dakota Supreme Court
DecidedJune 25, 1999
DocketCivil 980160
StatusPublished
Cited by5 cases

This text of 1999 ND 6 (Vraa 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
Vraa v. North Dakota Workers Compensation Bureau, 1999 ND 6, 588 N.W.2d 857 (N.D. 1999).

Opinion

SANDSTROM, Justice.

[¶ 1] Paul Vraa appealed a memorandum decision, order, and judgment affirming a Workers Compensation Bureau order denying benefits. We affirm.

I

[¶ 2] While employed by the State Mill and Elevator as a maintenance mechanic, Vraa suffered a compensable injury to his right knee in 1991 and had arthroscopic surgery in 1992. Vraa returned to his position, which required him to work from a ladder much of the time. On December 1, 1994, Vraa applied for a spouter position at the State Mill. Because the spouter position paid less than the maintenance mechanic position, Vraa was advised he would need a medical reason for the transfer. Vraa saw Dr. Clayburgh, his treating physician, on December 8, 1994. Dr. Clayburgh’s notes about that visit state, in part:

He specifically has questions about his current work status and whether he should be doing a change in his occupation or the job he does at the State Mill. There is the possibility for him to have a less strenuous job involving less lifting and carrying where he would not have to stress his knee much. He would like to apply for this and I support him in this endeavor.

On December 8, 1994, Dr. Clayburgh sent a letter to the State Mill, saying in part:

This knee and ankle will flare up whenever [ ]he is doing any excessive lifting or walking. I have recommended that he have a job change that does not entail any use of ladders or extensive stair climbing. I would have him limit any heavy weight bearing or carrying heavy weights which would aggravate his knee.

Vraa began working as a spouter in January 1995.

[¶3] On December 5, 1995, Vraa filed a notice of reapplication for benefits, in which he stated his “knee always hurts” and “feels bad.” The notice of reapplieation was accompanied by a note saying Vraa would be showing a wage loss exceeding ten percent. On March 16, 1996, Vraa requested reconsideration of his claim for chiropractic treatments.

[¶ 4] On April 9, 1996, the Bureau concluded Vraa “failed to prove a significant change in his medical condition attributable to the work injury” and “failed to prove that his wage loss is attributable to the work injury.” The Bureau’s order provided it would eontin- *859 ue paying “reasonable and necessary medical expenses directly related to treatment” of his 1991 injury and provided Vraa “is not entitled to disability benefits in connection with his December 5,1995, reapplication for benefits.” On April 16, 1996, the Bureau issued an order providing it “is not liable for payment of claimant’s chiropractic care provided by Dr. Ames from November 8, 1995, through January 31,1996.”

[¶ 5] After a hearing on November 21, 1996, the administrative law judge (ALJ) issued recommended findings of fact, conclusions of law, and order on December 19, 1996. In his recommended conclusions of law, the ALJ concluded, among other things:

The claimant has the burden to show by a preponderance of the evidence that he is entitled to benefits. NDCC § 65-05-08 requires a showing that “The employee has sustained a significant change in medical condition shown by a preponderance of the evidence.” In addition NDCC § 65-05-10(3) requires that rehabilitation benefits for job loss can be paid only if the loss exceeds 10%.
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His request for job change was made voluntarily and at his own volition. He felt it would be easier on his knee and the evidence seems to support that. It was not, however, a medically mandated change.... The change was more like an accommodation by the employer than a medically required change.
The claimant has not shown by the preponderance of the evidence that there was a significant change in medical condition that existed at the time of reapplieation. It is, therefore, not necessary to determine whether the 10% loss of wages as required by NDCC § 65-05-10(3) exists.
The question of the Bureau’s responsibility for the medical treatment provided by Dr. Ames is controlled by NDCC § 65-05-07, requiring the Bureau to provide reasonable and appropriate medical services, and NDCC § 65-05-28(1), requiring written approval from the Bureau to change doctors. The treatment must also be related to the work injury if the Bureau is to be responsible.
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Some of the treatment by Dr. Ames was considered necessary by Dr. Clayburgh and the responsibility for payment of that treatment was assumed by the Bureau. No written approval to change doctors was given by the Bureau.
The Claimant has not shown by the preponderance, of the evidence that the treatment given by Dr. Ames was related to treatment of his work injury.

The ALJ recommended the Bureau’s orders of April 9 and 16, 1996, “remain in effect.”

[¶ 6] The Bureau adopted the ALJ’s recommended findings, conclusions, and order as its final order on January 2, 1997. The Bureau “FURTHER ORDERED that the claimant has failed to demonstrate a loss of earnings capacity greater than 10% as required by N.D.C.C. § 65-05-10(3).” On appeal, the district court affirmed the Bureau’s final order, and Vraa appealed to this Court.

[¶ 7] The district court had jurisdiction under N.D. Const, art. VI, § 8, and N.D.C.C. §§ 27-05-06, 28-32-15, and 65-10-01. Vraa’s appeal to this Court was timely under N.D.R.App.P. 4(a) and N.D.C.C. § 28-32-21. This Court has jurisdiction under N.D. Const, art. VI, §§ 2 and 6, and N.D.C.C. §§ 28-27-01 and 28-32-21.

II

[¶ 8] In an appeal from a district court judgment entered on review of an administrative agency decision, we review the decision of the agency, rather than that of the district court. Lang v. North Dakota Workers Comp. Bureau, 1997 ND 133, ¶ 7, 566 N.W.2d 801. Under N.D.C.C. §§ 28-32-19 and 28-32-21, we affirm an administrative agency decision unless the agency’s 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 violates the appellant’s constitutional rights, or the agency’s rules or procedures deprived the appellant of a fair hearing. Sprunk v. North Dakota Workers Comp. Bureau, 1998 ND 93, ¶ 4, 576 N.W.2d *860 861. In evaluating an administrative agency’s findings of fact, we do not make independent findings or substitute our judgment for that of the agency, but determine only if a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence from the entire record. Power Fuels, Inc. v. Elkin, 283 N.W.2d 214, 220 (N.D.1979); Hibl v. North Dakota Workers Comp. Bureau, 1998 ND 198, ¶ 7, 586 N.W.2d 167.

Ill

[¶ 9] Vraa seeks benefits under N.D.C.C.

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Related

Wanstrom v. North Dakota Workers Compensation Bureau
2000 ND 17 (North Dakota Supreme Court, 2000)
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Darling v. Gosselin
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1999 ND 6, 588 N.W.2d 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vraa-v-north-dakota-workers-compensation-bureau-nd-1999.