Johnson v. North Dakota Workforce Safety & Insurance
2012 ND 27
| N.D. | 2012Background
- Edith Johnson appealed a district court affirmation of an ALJ dismissal of her WSI benefits claim for PTSD following a bank robbery.
- WSI denied benefits as non-physical and/or preexisting conditions under N.D.C.C. § 65-01-02(10).
- Before hearing, the ALJ directed a two-issue specification; the parties stiped to amend to the PTSD-for-compensability issue only.
- WSI sought discovery; Johnson refused some requests; ALJ granted discovery, set aside the stipulation, and framed the hearing issue as whether PTSD is a compensable work injury.
- Johnson petitioned mandamus; district court denied; Johnson continued discovery refusals; WSI moved for sanctions and dismissal.
- ALJ dismissed Johnson’s claim for discovery violations; district court and this Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ properly amended the specification of issues | Johnson contends the stipulation should bind the hearing issue. | WSI argues ALJ had authority to amend to clarify issues and avoid confusion. | ALJ properly amended the issues; no error. |
| Whether WSI waived issues outside the stipulation | Johnson asserts WSI waived other issues by stipulation. | WSI argues it could pursue statutory theories outside the stipulation; stipulation not binding on waivers. | WSI did not waive outside issues; ALJ properly amended. |
| Whether dismissal for discovery sanctions was proper | Johnson contends dismissal was an excessive sanction and/or unsupported by the record. | WSI argues sanctions were appropriate for noncompliance and discovery abuses. | ALJ did not abuse discretion; dismissal affirmed. |
Key Cases Cited
- Wagner v. Wagner, 1999 ND 169 (ND) (procedural stipulations may be amended; contracts in stipulations respected where appropriate)
- Saakian v. North Dakota Workers Comp. Bureau, 1998 ND 227 (ND) (adequacy of notice to avoid unfair surprise in agency proceedings)
- Le Pire v. Workmen’s Comp. Bureau, 111 N.W.2d 355 (ND) (public funds protection; agency may correct errors to protect public interests)
- McCarty v. North Dakota Workers Comp. Bureau, 1998 ND 9 (ND) (treating amended pleadings-like issues in admin proceedings)
- Saakian v. North Dakota Workers Comp. Bureau, 1998 ND 227 (ND) (notice and fairness in agency proceedings)
- Vorachek v. Citizens State Bank of Lankin, 421 N.W.2d 45 (ND) (appropriateness of sanctions; tailoring sanctions to misconduct)
- Bachmeier v. Wallwork Truck Ctr., 507 N.W.2d 527 (ND) (dismissal as sanction requires deliberate or bad-faith discovery abuse)
- Midthun v. North Dakota Workforce Safety and Ins., 2009 ND 22 (ND) (preservation of issues and review limitations in agency appeals)