Across Big Sky Flow Testing, LLC v. Workforce Safety & Insurance, 857 N.W.2d 380

Employee Dustin Bergsing, working for Across Big Sky Flow Testing, was found dead at an oil tank site next to an unlatched tank cover; his last log entry was 10:00 p.m. and gauging equipment was present at the scene.
Toxicology detected multiple hydrocarbon compounds (including butane) in Bergsing’s blood and lungs; autopsy listed pulmonary edema and heart failure; the state medical examiner listed cause of death as hydrocarbon poisoning from inhalation of petroleum vapors.
OSHA found no safety-standard violations and no evidence of hydrogen sulfide exposure; a county deputy found no evidence of illegal drug use or huffing at the residence.
WSI consulted Dr. Harvey Hanel (doctor of pharmacy), who opined butane levels did not conclusively show death from butane and suggested huffing could be possible; WSI’s ALJ credited the state medical examiner (Dr. Massello) over Dr. Hanel.
The ALJ awarded death benefits, the ALJ denied reconsideration, the district court affirmed, and the Supreme Court of North Dakota reviewed WSI’s decision on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Bergsing’s death arose out of and in the course of employment (i.e., was caused by inhalation of hydrocarbons at the tank site)	Claimant: medical evidence and toxicology support that inhalation of hydrocarbons at the work site caused death; death occurred during employment duties at the site	Big Sky: no evidence shows ambient vapors at the site were concentrated enough to cause death; WSI’s own consultant found such a causal link unlikely and suggested nonwork huffing	Court: affirmed ALJ — a reasoning mind could conclude by the preponderance of the evidence that death was work-related; ALJ reasonably credited the state medical examiner over WSI’s consultant and adequately explained that choice

Kershaw v. Workforce Safety & Ins., 838 N.W.2d 429 (N.D. 2013) (standard of review for WSI appeals and deference to ALJ findings)
Elshaug v. Workforce Safety & Ins., 671 N.W.2d 784 (N.D. 2003) (ALJ may rely on either party’s expert; must not reject evidence unreasonedly)
Davenport v. Workforce Safety & Ins. Fund, 833 N.W.2d 500 (N.D. 2013) (review limited to whether a reasoning mind could find facts proven by the weight of the evidence)
Bergum v. N.D. Workforce Safety & Ins., 764 N.W.2d 178 (N.D. 2009) (claimant bears preponderance burden to prove compensable injury)
Swenson v. Workforce Safety & Ins. Fund, 738 N.W.2d 892 (N.D. 2007) (definition of objective medical evidence and requirement to address evidence presented)
Mitchell v. Sanborn, 536 N.W.2d 678 (N.D. 1995) (definition of "arising out of and in the course of employment")