Anderson v. WSI

Calvin Anderson appealed a judgment affirming a Workforce Safety and Insurance ("WSI") decision approving a vocational rehabilitation plan. In January 2005, after slipping on an icy driveway and injuring his right shoulder and left hip while working as an inspector-tester for Finley Engineering, Anderson reported the injury to WSI. On January 28, 2005, WSI accepted liability for the right shoulder and left hip injury and paid benefits to Anderson. During the following three years, Anderson worked in similar positions with different companies. After his injury, and throughout 2010, Anderson sought medical and chiropractic care from numerous providers to address complications with his right shoulder, neck, and left hip. In April 2010, WSI issued a notice of its decision to deny further liability for Anderson's left hip injury on the grounds that the arthritis of which he complained had been present before he sustained the work injury in 2005. After finding no objective medical evidence indicating Anderson's hip condition was caused by his work injury, WSI issued its order denying liability for his hip condition. Anderson argued on appeal to the Supreme Court that WSI's selection of a vocational rehabilitation plan under N.D.C.C. ch. 65-05.1 was not physically appropriate because no reasoning mind, after a review of his medical conditions, could conclude he was capable of completing the work required in his vocational rehabilitation plan. Anderson argued WSI failed to properly consider his difficulties with driving when it formed his vocational rehabilitation plan. "A vocational rehabilitation plan is appropriate if it meets the statutory requirements and gives the injured worker a reasonable opportunity to obtain substantial gainful employment." After review of the record, the Supreme Court concluded a reasoning mind reasonably could have determined the vocational rehabilitation plan would return Anderson to substantial gainful employment that was reasonably attainable in light of his injury.The Court therefore affirmed the district court judgment. View "Anderson v. WSI" on Justia Law