Clark v. North Dakota Workforce Safety & Insurance Fund

Summary

The Supreme Court of North Dakota affirmed a district court judgment upholding a Workforce Safety and Insurance award to Rory Clark on a 50 percent aggravation basis. The court held that the evidence supported the finding that Clark's October 12, 2005 workplace injury substantially worsened a preexisting lower-back condition and that he was therefore entitled to benefits under N.D.C.C. § 65-05-15.

Holdings

1. When a compensable work injury substantially accelerates or worsens a known preexisting condition that previously interfered with physical function, benefits after the acute-care period are payable on an aggravation basis, subject to the statutory 50 percent presumption unless rebutted by clear and convincing evidence.
2. The agency's finding that Clark's work injury was related to and aggravated his longstanding back condition was supported by the evidence, and the Court would not reweigh conflicting medical opinions.

Questions Presented

1. Whether WSI properly awarded benefits on a 50 percent aggravation basis under N.D.C.C. § 65-05-15 rather than awarding full benefits after the acute-care period.
2. Whether the agency's finding that Clark's October 12, 2005 work injury substantially worsened a preexisting back condition was supported by the evidence.

Disposition

affirmed