Genter v. Workforce Safety & Insurance Fund

Summary

The Supreme Court of North Dakota affirmed a judgment upholding Workforce Safety & Insurance's order awarding Paul Genter partial disability benefits and requiring part-time work. The court held that WSI adequately considered Genter's preexisting hearing loss when developing his vocational rehabilitation plan and reasonably exercised its discretion not to establish a medical assessment team under N.D.C.C. § 65-05.1-02(6). A dissent argued that the statute required WSI to establish such a team before formulating the plan.

Holdings

1. WSI adequately considered Genter's preexisting hearing loss and other functional limitations when selecting social services assistant and security guard as employment options.
2. N.D.C.C. § 65-05.1-02(6) does not automatically require WSI to establish a medical assessment team whenever a worker claims an injury or preexisting condition. WSI may determine, based on the nature of the injury, whether a team is required; if one is required, WSI may determine its composition on a case-by-case basis.
3. Substantial evidence supported WSI's determination that the vocational rehabilitation plan complied with Chapter 65-05.1 and gave Genter a reasonable opportunity to obtain substantial gainful employment.

Questions Presented

1. Whether WSI adequately considered Genter's preexisting hearing loss and other functional limitations in developing his vocational rehabilitation plan.
2. Whether N.D.C.C. § 65-05.1-02(6) required WSI to establish a medical assessment team to evaluate Genter's hearing loss before approving the plan.
3. Whether substantial evidence supported WSI's determination that the proposed employment options provided Genter a reasonable opportunity to obtain substantial gainful employment.

Disposition

affirmed