Pleinis v. N.D. Wkrs. Comp. Bureau

13 Citing cases

  1. Mickelson v. N.D. Workforce Safety & Ins.

    2012 N.D. 164 (N.D. 2012)   Cited 10 times
    In Mickelson, there was medical evidence supported by objective medical findings from the claimant’s treating providers which stated his latent condition was directly related to his employment.

    Those decisions have generally recognized that whether a compensable injury exists involves a factual determination, but we have not otherwise analyzed the distinction between compensability when employment substantially accelerates the progression or substantially worsens the severity of a preexisting injury, disease, or other condition and noncompensability when employment acts as a trigger to produce symptoms in the preexisting injury, disease, or other condition. [¶ 14] In Geck v. North Dakota Workers Comp. Bureau, 1998 ND 158 ¶ 6, 583 N.W.2d 621, and Pleinis v. North Dakota Workers Comp. Bureau, 472 N.W.2d 459, 462 (N.D.1991), this Court reviewed workers' compensation decisions under a prior definition of compensable injury, which said a compensable injury did not include: Injuries attributable to a preexisting injury, disease, or condition which clearly manifested itself prior to the compensable injury. This does not prevent compensation where employment substantially aggravates and acts upon an underlying condition, substantially worsening its severity, or where employment substantially accelerates the progression of an underlying condition.

  2. Geck v. North Dakota Workers Compensation Bureau

    1998 N.D. 158 (N.D. 1998)   Cited 14 times
    In Geck, at ¶ 13, this Court held that the ALJ had failed to reconcile favorable medical evidence and failed to set forth expressly the reasons for disregarding the favorable medical evidence.

    * * * * * * [¶ 7] We have previously examined the language of this subsection in Pleinis v. North Dakota Workers Comp. Bureau, 472 N.W.2d 459, 462 (N.D. 1991) (interpreting the same language then codified at N.D.C.C. § 65-01-02(8)(b)(6)). Specifically, we stated the third sentence of this subsection "describes the consequences when employment acts as a trigger to produce symptoms in a `latent and underlying condition.'"

  3. State v. Sandberg

    2019 N.D. 198 (N.D. 2019)   Cited 6 times

    We have said an agency’s findings are adequate if they enable a reviewing court to understand the agency’s decision. Pleinis v. N.D. Workers Comp. Bureau , 472 N.W.2d 459, 462 (N.D. 1991) ; F.O.E. Aerie 2337 v. N.D. Workers Comp. Bureau , 464 N.W.2d 197, 199-200 (N.D. 1990). III

  4. State v. Sandberg

    2021 N.D. 39 (N.D. 2021)   Cited 4 times

    An agency's findings are adequate when they enable a reviewing court to understand the agency's decision. Sandberg I , 2019 ND 198, ¶ 12, 931 N.W.2d 488 (citing Pleinis v. N.D. Workers Comp. Bureau , 472 N.W.2d 459, 462 (N.D. 1991) ; F.O.E. Aerie 2337 v. N.D. Workers Comp. Bureau , 464 N.W.2d 197, 199-200 (N.D. 1990) ). III

  5. Larsen v. Med. Competency

    1998 N.D. 193 (N.D. 1998)   Cited 9 times
    Affirming revocation of physician's license for sexual misconduct with patient where physician failed to properly terminate physician-patient relationship because he continued to see patient professionally after advising her by letter that he could not continue to be her physician

    The findings of fact must be adequate to enable a reviewing court to ascertain the basis of the agency's decision. Pleinis v. North Dakota Workers Comp. Bureau, 472 N.W.2d 459, 462 (N.D. 1991) (citing Walter v. North Dakota State Highway Comm'r, 391 N.W.2d 155 (N.D. 1986); Matter of Boschee, 347 N.W.2d 331 (N.D. 1984)). A

  6. Sprunk v. North Dakota Workers Comp. Bureau

    1998 N.D. 93 (N.D. 1998)   Cited 20 times
    Holding which date or statute governs claimant's right to a PPI award was not issue ripe for review because it depended on future contingencies of if and when claimant reaches maximum medical recovery, and if and when an impairment becomes manifest and is determined to be permanent

    " The "findings are adequate to enable us to understand the basis for" the Bureau's decision. Pleinis v. North Dakota Workers Comp. Bureau, 472 N.W.2d 459, 463 (N.D. 1991). From our review of the record, we conclude "a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence from the entire record."

  7. Jacobs v. N.D. State Personnel Bd.

    551 N.W.2d 779 (N.D. 1996)   Cited 5 times
    Upholding a State Personnel Board's decision where the Board had applied the cause provisions of the Administrative Code and had determined there was cause for the employment action

    However, an administrative agency's findings of fact are adequate if they allow a reviewing court to understand the basis for the agency's decision. Plenis v. North Dakota Workers Compensation Bureau, 472 N.W.2d 459 (N.D. 1991). Here, the findings of fact are sufficient for us to understand the basis for the Board's decision.

  8. Koch Oil Co. v. Hanson

    536 N.W.2d 702 (N.D. 1995)   Cited 14 times
    Recognizing Tax Commissioner's failure to adopt a rule and failure to collect a tax in the past does not estop him from assessing a tax

    In determining if an administrative agency's findings of fact are supported by a preponderance of the evidence, we determine only if a reasoning mind reasonably could have determined that the agency's factual conclusions were supported by the evidence. Pleinis v. North Dakota Workers Compensation Bureau, 472 N.W.2d 459 (N.D. 1991). The interpretation of a statute is a question of law, which is fully reviewable by this court.

  9. Halseth v. N.D. Workers Comp. Bureau

    514 N.W.2d 371 (N.D. 1994)   Cited 5 times

    Wherry v. North Dakota State Hosp., 498 N.W.2d 136, 139 (N.D. 1993). On appeal we review the findings of fact and conclusions of law of the Bureau rather than the determinations of the district court. Meyer v. N.D. Workers Comp. Bureau, 512 N.W.2d 680 (N.D. 1994); Roggenbuck v. N.D. Workers Comp. Bureau, 481 N.W.2d 599 (N.D. 1992); Pleinis v. N.D. Workers Comp. Bureau, 472 N.W.2d 459 (N.D. 1991). Under sections 28-32-19 and 28-32-21, NDCC, we will affirm the Bureau's decision unless one of the six enumerated reasons listed in section 28-32-19 for not affirming the decision is found to exist. Roggenbuck, supra. Essentially, we must determine whether the record supports the Bureau's findings of fact, whether the findings of fact support the conclusions of law, whether the conclusions of law support the decision, and whether the decision is in accordance with the law.

  10. Rooks v. N.D. Workers' Comp. Bureau

    506 N.W.2d 78 (N.D. 1993)   Cited 6 times

    "In an appeal to this court from a district court judgment reviewing a decision of an administrative agency, we review the record before the administrative agency and its decision rather than the decision of the district court." Pleinis v. North Dakota Workers Compensation Bureau, 472 N.W.2d 459, 462 (N.D. 1991). As we said in Wherry v. North Dakota State Hospital, 498 N.W.2d 136, 139 (N.D. 1993), we employ a four-step analysis in reviewing the Bureau's decision: "[w]e must affirm the Bureau's decision unless its findings of fact are not supported by a preponderance of the evidence, its conclusions of law are not sustained by its findings of fact, its decision is not supported by its conclusions of law, or its decision is not in accordance with the law."