State of North Dakota, by and through Workforce Safety & Insurance v. Bile Salat

Summary

The North Dakota Supreme Court reversed the district court and reinstated an administrative law judge’s determination that Bile Salat was entitled to additional Workforce Safety & Insurance disability benefits. The court held that the ALJ’s findings regarding Salat’s inability to work after June 29, 2016, and the causal relationship between his work injury, antalgic gait, and continuing low back pain were supported by the evidence. The court also addressed preservation of appellate issues and the scope of an independent medical examination.

Holdings

1. The preliminary statement of issues required by former N.D.R.App.P. 3(c) is nonbinding; failure to identify an issue in that statement does not preclude appellate review.
2. The ALJ reasonably found that Salat remained disabled after June 29, 2016, and that his full-duty release was not supported by the medical evidence; the district court therefore erred in reversing the ALJ.
3. The independent medical examiner did not improperly certify or verify past disability by testifying that he would not have released Salat to work on June 28, 2016.
4. The ALJ reasonably found that Salat's low back pain after November 11, 2016, was attributable to the compensable work injury through his antalgic gait.

Questions Presented

1. Whether Salat's disability-benefit issue was preserved for appellate review despite not being fully identified in the preliminary statement of issues in his notice of appeal.
2. Whether the district court erred by reversing the ALJ's finding that Salat remained entitled to disability benefits after June 29, 2016.
3. Whether the ALJ's finding that Salat's low back pain after November 11, 2016, was attributable to the compensable work injury was supported by the evidence.
4. Whether an independent medical examiner could opine that Salat should not have been released to regular duty without improperly certifying past disability.

Disposition

reversed