Justia North Dakota Supreme Court Opinion Summaries

Roger Frith appealed a district court judgment affirming an order of Workforce Safety and Insurance ("WSI") denying him medical benefits. In September 2010, Frith filed a claim for a work injury, alleging that on August 18th or 19th he hurt his back at work while lifting and moving a large desk backwards up some stairs. Frith was working for DMI Industries. In June 2011, WSI denied Frith's claim for benefits, concluding he had not proven that his condition was causally related to a work injury or that his work activities substantially accelerated the progression or substantially worsened the severity of his preexisting spine condition. WSI found the medical records reflected a pre-existing condition which exhibited symptoms well before Frith alleged he injured his back at work. The Supreme Court affirmed, concluding a reasoning mind could have reasonably concluded Frith failed to show his work activities substantially accelerated the progression or substantially worsened the severity of a preexisting condition. View "Frith v. WSI" on Justia Law

Dennis Whedbee appealed a district court judgment affirming Workforce Safety and Insurance's ("WSI") binding dispute resolution denying Whedbee's request for a myoelectric prosthesis and approving a body-powered prosthesis. Whedbee argued the binding dispute resolution was an abuse of discretion and violated his due process rights. He argued that WSI should have selected an independent medical examiner located closer to his residence and that his treating physician's opinion should have been given controlling weight. Finding no reversible error, the Supreme Court affirmed. View "Whedbee v. WSI" on Justia Law