Shiek v. North Dakota Workers Comp. Bureau
| Decision Date | 14 May 2002 |
| Docket Number | No. 20010319.,20010319. |
| Citation | 643 N.W.2d 721,2002 ND 85 |
| Parties | Darold B. SHIEK, Claimant and Appellant, v. NORTH DAKOTA WORKERS COMPENSATION BUREAU, Appellee, and North Dakota State University, Respondent. |
| Court | North Dakota Supreme Court |
Mark G. Schneider (submitted on brief), Schneider, Schneider & Phillips, Fargo, for claimant and appellant.
Jacqueline Sue Anderson (submitted on brief), Special Assistant Attorney General, Fargo, for appellee.
[¶ 1] Darold Shiek appeals from the district court's judgment affirming a North Dakota Workers' Compensation Bureau decision which determined Shiek was not entitled to higher permanent partial impairment benefits than he had already received. We reverse the Bureau's decision and remand for appropriate action in accordance with this opinion.
[¶ 2] On July 30, 1991, Darold Shiek injured his right shoulder while working as a boiler operator at North Dakota State University. Shiek filed a claim with the North Dakota Workers' Compensation Bureau ("Bureau") and received compensation for the injury. On August 4, 1992, Shiek underwent arthroscopic surgery on his left knee to repair a tear of the posterior horn of the medial meniscus. On August 25, 1992, Shiek filed a separate claim for the injury to his left knee in which he explained that the knee injury occurred at the same time that he injured his right shoulder on July 30, 1991. The Bureau consolidated the claim for the left-knee injury with the original claim for the right-shoulder injury. On October 3, 1994, Shiek underwent a total arthroplasty of his left knee upon the advice of an orthopedic surgeon.
[¶ 3] On April 3, 1996, the Bureau issued an Order Awarding Permanent Partial Impairment Benefits related to Shiek's work injury of July 30, 1991. In its order, the Bureau found that Shiek had sustained the following impairments: 15.5% right arm at the shoulder; 25% additional for master hand; and 50% left leg at hip for knee. The order awarded Shiek $20,845.44 in benefits in accordance with former North Dakota Century Code sections 65-05-14 and 65-05-13(1)(18) (1989).
[¶ 4] Shiek requested reconsideration of this order, contending that he was entitled to a higher award for his left leg and that he was entitled to an award for venous insufficiency. These matters were consolidated for an administrative hearing. Additionally, the hearing was intended to address the issue of whether an order of the Bureau dated March 26, 1998, properly denied Shiek benefits for a condition that had developed in his right knee.
[¶ 5] On December 23, 1999, the hearing officer issued an order which recommended that the Bureau's Order Denying Specific Benefits dated March 26, 1998, be reversed because Shiek's right knee condition was work-related. The order also recommended that the Bureau's Order Awarding Permanent Partial Impairment Benefits be reversed to reflect Shiek's entitlement to additional permanent partial impairment benefits for his left-leg condition and for his venous insufficiency condition. The Bureau adopted the recommendation as its final order on December 28, 1999.
[¶ 6] On January 4, 2000, the Bureau issued an Order Awarding Permanent Partial Impairment Benefits. In the order, the Bureau found that Shiek had sustained the following impairments: 15.5% right arm at shoulder; 25% additional for master hand; 54% left leg at hip for knee; 10% whole body for venous insufficiency. After subtracting the prior benefits awarded to Shiek in the order dated April 3, 1996, the Bureau concluded Shiek was entitled to $7,479.36 in additional benefits in accordance with former North Dakota Century Code sections 65-05-12, 65-05-14, and 65-05-13(1)(18) (1989).
[¶ 7] On January 28, 2000, an evaluation of Shiek's right knee was conducted. Subsequent to this evaluation, the Bureau denied Shiek additional permanent partial impairment benefits for his right knee. However, the Bureau reversed this decision after receiving a memorandum from the Office of Independent Review. On June 1, 2000, the Bureau issued an Order Awarding Permanent Partial Impairment Benefits relating to Shiek's right knee as follows: "20% Whole body for right knee gait derangement 20.0 weeks." As a result of the order, Shiek received an additional award of $2,920.
[¶ 8] On June 1, 2000, Shiek requested reconsideration of the Bureau's order dated June 1, 2000. Shiek argued that he was entitled to an evaluation and award for venous insufficiency of his right knee. Shiek also argued that under the current version of N.D.C.C. § 65-05-12.2, his prior partial impairment awards should have been converted into whole-body impairment terms and taken into account when determining the extent of his whole-body impairment that existed after his right knee evaluation.
[¶ 9] The Bureau's counsel and Shiek's counsel reached an agreement regarding Shiek's first argument. In accordance with the agreement, Shiek was awarded 20 weeks for venous insufficiency for his right knee and received an additional $2,920 in benefits. In regard to Shiek's second argument, the hearing officer concluded that "there is nothing within the language of Section 65-05-12.2(7) or (10) which requires the conversion of all prior impairments to a `whole body' basis before awarding benefits for a member or body part not previously the subject of an impairment award." The Bureau adopted the hearing officer's decision in an order dated July 2, 2001, and Shiek appealed to the district court. The district court affirmed the Bureau's order, and Shiek appealed to this Court.
[¶ 10] On appeal, we review the Bureau's decision and not the decision of the district court. See Klein v. N.D. Workers Comp. Bureau, 2001 ND 170, ¶ 6, 634 N.W.2d 530
. We are required to affirm the Bureau's decision unless its findings of fact are not supported by a preponderance of evidence, its conclusions of law are not supported by its findings of fact, its decision is not supported by its conclusions of law, its decision is not in accordance with the law, or its decision violates the claimant's constitutional rights or deprives the claimant of a fair hearing. See id. (citing N.D.C.C. §§ 28-32-19, 28-32-21).1 In reviewing the Bureau's findings of fact, we determine only whether a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence. See id. Questions of law, including whether the Bureau correctly interpreted a statute, are fully reviewable on appeal from a Bureau decision. See id. (citing Robertson v. N.D. Workers Comp. Bureau, 2000 ND 167, ¶ 8, 616 N.W.2d 844).
[¶ 11] Shiek argues that the Bureau incorrectly calculated his permanent partial impairment benefits for his right-knee impairment because under N.D.C.C. § 65-05-12.2, the Bureau was required to convert Shiek's prior impairment ratings to whole-body impairment ratings and then combine them with the whole-body impairment rating he received for his right knee to arrive at a current cumulative whole-body impairment rating.
[¶ 12] Our primary goal in statutory construction is to ascertain the intent of the Legislature. See Western Gas Resources, Inc. v. Heitkamp, 489 N.W.2d 869, 872 (N.D.1992)
. In ascertaining the Legislature's intent, we first look to the plain language of the statute and give each word of the statute its ordinary meaning. See Estate of Thompson, 1998 ND 226, ¶ 7, 586 N.W.2d 847. We construe the statute as a whole and give effect to each of its provisions if possible. Id. If the language of the statute is clear and unambiguous when read as a whole, we cannot ignore that language under the pretext of pursuing its spirit because the legislative intent is presumed clear from the face of the statute. See Zueger v. N.D. Workers Comp. Bureau, 1998 ND 175, ¶ 9, 584 N.W.2d 530. If, however, the statute is ambiguous or if adherence to the strict letter of the statute would lead to an absurd or ludicrous result, a court may resort to extrinsic aids, such as legislative history, to interpret the statute. See Shiek v. N.D. Workers Comp. Bureau, 2001 ND 166, ¶ 17, 634 N.W.2d 493. A statute is ambiguous if it is susceptible to meanings that are different, but rational. See id. (citing Jorgenson v. Agway, Inc., 2001 ND 104, ¶ 5, 627 N.W.2d 391).
[¶ 13] The permanent impairment evaluation for Shiek's right knee was performed on January 28, 2000. Thus, the applicable statute in this case is the 1999 version of N.D.C.C. § 65-05-12.2. Compare 1999 N.D. Sess. Laws ch. 551, § 4 () with N.D. Sess. Laws ch. 580, § 2 (). Unless otherwise noted, all references to N.D.C.C. § 65-05-12.2 in this opinion refer to the 1999 version of the statute.
[¶ 14] Section 65-05-12.2(10), N.D.C.C., provides, "If the injury causes permanent impairment, the award must be determined based on the percentage of whole body impairment...." The amount of a permanent partial impairment award is determined by multiplying "thirty-three and one-third percent of the average weekly wage in this state on the date of the impairment evaluation, rounded to the next highest dollar, by the number of weeks" listed in N.D.C.C. § 65-05-12.2(10) that corresponds to the claimant's percentage of whole-body impairment. See N.D.C.C. § 65-05-12.2(2). The governing procedure for conducting a permanent impairment evaluation is set forth in N.D.C.C. § 65-05-12.2(6). Section 65-05-12.2(6), N.D.C.C., provides:
A doctor evaluating permanent impairment shall include a clinical report in sufficient detail to support the percentage ratings assigned. The bureau shall adopt administrative rules governing the evaluation of permanent impairment. These rules must incorporate principles and practices of the American medical...
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