Blanchard v. N. Dak. Workers Comp. Bureau

19 Citing cases

  1. Bjerke v. Workers Comp. Bureau

    1999 N.D. 180 (N.D. 1999)   Cited 8 times
    In Bjerke v. N.D. Workers Comp. Bureau, 1999 ND 180, ¶¶ 21–22, 599 N.W.2d 329, this Court also held a claimant whose work-related disability has resolved, but who remains disabled due to a subsequent non-work-related disability, is not entitled to continued disability benefits.

    We have repeatedly cautioned that the Bureau must not place itself in a full adversary position to the claimant. Blanchard v. North Dakota Workers Comp. Bureau, 1997 ND 118, ¶ 23, 565 N.W.2d 485. The record evidence supports the Bureau's findings and does not demonstrate the Bureau assumed an inappropriate adversarial position.

  2. In the Matter of Juran and Moody

    2000 N.D. 136 (N.D. 2000)   Cited 19 times
    Holding North Dakota Securities Commissioner participated when he was treated as a party throughout the proceedings

    [¶ 11] The Legislature has developed a scheme allowing an agency the option to request the OAH designate an ALJ to issue a final decision rather than a recommendation. See Blanchard v. North Dakota Workers Comp. Bur., 1997 ND 118, ¶ 14, 565 N.W.2d 485 (providing "[w]hen read as a whole, the statutory scheme for decisions by an ALJ manifests a legislative intent that an ALJ's decision is a final order when the Legislature has authorized the ALJ to issue a final order, or when the requesting agency has authorized the ALJ to issue a final order"). Section 28-32-13(2), N.D.C.C., indicates if a "person authorized by the agency head or by law to issue a final order, is presiding, the order issued is the final order."

  3. Vernon v. Workers Compensation Bureau

    1999 N.D. 153 (N.D. 1999)   Cited 17 times
    Exercising restraint and not substituting our judgment for that of the agency or making independent findings of fact, when deciding if the agency's findings are supported by a preponderance of the evidence

    [¶ 10] If the Bureau rejects a hearing officer's recommendation, it must sufficiently explain its rationale for not following the recommendation. Blanchard v. North Dakota Workers Comp. Bur., 1997 ND 118, ¶ 21, 565 N.W.2d 485. The Bureau may reject a hearing officer's recommendation on a witness's credibility. Id. An agency must adequately state its findings of fact and conclusions of law to facilitate meaningful appellate review.

  4. Stenvold v. Workforce Safety and Ins

    722 N.W.2d 365 (N.D. 2006)   Cited 4 times
    Affirming where claimant's sole challenge to WSI's final order denying further disability benefits was based not upon the record of the hearing before the ALJ but rather upon evidence which is not included in that record

    Stenvold was, at the time of the hearing, engaged in a work trial and WSI was on notice by her testimony that there were problems. This Court has said: "Because the Bureau acts as both a fact finder and an advocate in considering a worker's claim and in resolving conflicting evidence, we have repeatedly cautioned that the Bureau `must not place itself in a full adversary position to the claimant.'" Blanchard v. N.D. Workers Comp. Bureau, 1997 ND 118, ¶ 23, 565 N.W.2d 485 (quoting Hayes v. N.D. Workers Comp. Bureau, 425 N.W.2d 356, 357 (N.D. 1988)). [¶ 24] The Bureau's obligation to adequately consider medical evidence is one distinction from the true adversarial process.

  5. Jones v. State Bd. of Medical Examiners

    2005 N.D. 22 (N.D. 2005)   Cited 5 times
    Affirming finding that physician's approval of 72 prescriptions per hour over the Internet constituted a continued pattern of inappropriate care for patients

    Under these circumstances, a reversal and remand is appropriate to allow the Board to explain its reasons for rejecting the ALJ's recommended sanction. See Blanchard v. North Dakota Workers Comp. Bureau, 1997 ND 118, ¶¶ 1, 29, 565 N.W.2d 485. III

  6. Meljie v. North Dakota Workers Compensation Bureau

    653 N.W.2d 62 (N.D. 2002)   Cited 6 times

    75, divided those wages by one-fiftieth, resulting in an average weekly wage (rounded to the nearest dollar) of $138. [¶ 6] The claimant has the burden to prove the right to receive benefits from the worker's compensation fund. Blanchard v. N.D. Workers Comp. Bureau, 1997 ND 118, ¶ 23, 565 N.W.2d 485. Meljie provided the Bureau with very poor financial records of his earnings history, and he does not specifically object to the Bureau's use of his 1997 wages for computing his benefits, rather than using another year or combination of years of earnings history. However, Meljie claims the record does not support a finding that he is a seasonal worker, and he claims the Bureau, instead of computing his average weekly wage under subsection 5(a), should have used subsection 5(f), which is the usual wage paid other employees engaged in similar occupations or, alternatively, 5(g), which is a wage reasonably and fairly approximating the weekly wage lost by the claimant during the period of disability.

  7. Hoffman v. North Dakota Workers Compensation Bureau

    2002 N.D. 138 (N.D. 2002)   Cited 9 times

    The Bureau's obligation to adequately explain its disregard of evidence favorable to the claimant applies with particular force to favorable medical evidence. See, e.g., Geck v. North Dakota Workers Comp. Bureau, 1998 ND 158, ¶ 13, 583 N.W.2d 621; Loberg v. North Dakota Workers Comp. Bureau, 1998 ND 64, ¶ 11, 575 N.W.2d 221; Flink v. North Dakota Workers Comp. Bureau, 1998 ND 11, ¶¶ 12-13, 574 N.W.2d 784; McDaniel v. North Dakota Workers Comp. Bureau, 1997 ND 154, ¶¶ 17, 20, 567 N.W.2d 833; Blanchard v. North Dakota Workers Comp. Bureau, 1997 ND 118, ¶¶ 23, 27, 565 N.W.2d 485. [¶ 18] Section 28-32-46(7), N.D.C.C., requires that we affirm an agency order unless "[t]he findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant."

  8. Sjostrand v. Workers Compensation Bureau

    2002 N.D. 125 (N.D. 2002)   Cited 14 times
    Discussing WSI's continuing jurisdiction to review claimant's condition

    A [¶ 32] Citing Blanchard v. North Dakota Workers Comp. Bureau, 1997 ND 118, ¶ 23, 565 N.W.2d 485 and Hayes v. North Dakota Workers Comp. Bureau, 425 N.W.2d 356, 357 (N.D. 1988), Sjostrand says "[t]his Court has `repeatedly cautioned' that the Bureau must not take a `position . . . fully adversary to the claimant . . .'"; notes this Court has said "[t]he adversary concept has only limited application to claims for workmen's compensation benefits and the Bureau . . . acts in a quasi-judicial capacity" (citing Roberts v. North Dakota Workmen's Comp. Bureau, 326 N.W.2d 702, 706 (N.D. 1982), Bromley v. North Dakota Workmen's Comp. Bureau, 304 N.W.2d 412, 416 (N.D. 1981), Steele v. North Dakota Workmen's Comp. Bureau, 273 N.W.2d 692, 702 (N.D. 1978)), and further notes "this Court long ago pointedly informed the Bureau that its admonishments to the Bureau must not be `treated as empty noise'" (citingSpangler v. North Dakota Workers Comp. Bureau, 519 N.W.2d 576, 578 (N.D. 1994)). That is the extent of Sjostrand's argument about impermissible adversarial conduct by

  9. Kraft v. North Dakota State Board of Nursing

    2001 N.D. 131 (N.D. 2001)   Cited 18 times

    [¶ 25] It is the agency's responsibility to assess the credibility of witnesses and to resolve conflicts in the evidence. Blanchard v. N.D. Workers Comp. Bureau, 1997 ND 118, ¶ 23, 565 N.W.2d 485. We conclude a reasoning mind reasonably could have made the factual determination that Kraft's impairment at work was proven by the weight of the evidence from the entire record.

  10. Robertson v. North Dakota Workers Compensation Bureau

    2000 N.D. 167 (N.D. 2000)   Cited 23 times
    Reviewing agency findings of fact based on whether a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence on the entire record

    [¶ 10] Although the Bureau may request appointment of an ALJ to hear a case, the ALJ's decision is ordinarily a recommendation. See Blanchard v. North Dakota Workers Comp. Bureau, 1997 ND 118, ¶¶ 13-17, 565 N.W.2d 485. The Bureau is ultimately responsible for rendering a decision in workers compensation matters, and although the Bureau could have again referred the matter to the ALJ for additional findings and a recommendation, it was not required to do so.