Parsons v. Workforce Safety & Insurance Fund
2013 ND 235
| N.D. | 2013Background
- Parsons, a dump-truck driver, reported neck and left-shoulder pain after repeatedly hitting his seat belt while driving on rough roads on October 12, 2010.
- Medical records: diagnoses included cervical strain, left shoulder strain, myofascial pain, and MRI evidence of preexisting cervical degenerative disc disease (DDD); EMG showed peripheral neuropathies unrelated to the claimed injury.
- WSI denied benefits, finding no compensable work injury attributable to employment and that Parsons’ symptoms were related to a preexisting degenerative condition.
- An ALJ found Parsons sustained a cervical strain and microscopic disc tears from the work incident but concluded the injury only triggered symptoms of preexisting DDD and did not substantially worsen or accelerate the condition; the district court affirmed after remand.
- The Supreme Court reversed, holding the record establishes by a preponderance of the evidence that the work injury — not the preexisting DDD — causally produced Parsons’ discogenic and myofascial pain, and remanded to WSI to determine benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Parsons sustained a "compensable injury" under N.D.C.C. § 65-01-02(10) | Parsons: his cervical and shoulder pain and discogenic injury were caused by the work incident and therefore are compensable | WSI: injuries are attributable to preexisting cervical DDD; employment only triggered symptoms and did not substantially accelerate or worsen the condition | Court: Reversed ALJ/WSI — medical evidence (objective findings and expert testimony) shows the work injury caused discogenic/myofascial pain; preexisting-condition exclusion does not apply |
| Whether triggering symptoms of a preexisting condition bars compensability absent substantial worsening | Parsons: susceptibility due to preexisting DDD does not defeat compensability when work was a substantial contributing cause | WSI: triggering symptoms of an asymptomatic DDD renders the injury noncompensable unless substantially worsened | Held: Court rejects treating susceptibility as attributing the injury to the preexisting condition; must evaluate causal relation — here work injury itself caused the condition for which treatment is sought |
| Standard of proof and role of objective medical findings | Parsons: his burden (preponderance) satisfied by medical opinions and imaging plus objective findings | WSI: argued insufficient proof of substantial aggravation and that preexisting DDD explains symptoms | Held: Preponderance satisfied; ALJ erred as a matter of law in concluding noncompensable when record supports causal relation between work event and current condition |
| Remedy on remand and attorney’s fees procedure | Parsons: seeks remand to district court to adjudicate attorney’s fees under N.D.C.C. § 28-32-50 | WSI: N/A (WSI need not show justification to district court) | Court: Remanded to WSI to determine benefits; directed Parsons to petition the district court for attorney’s fees as statutory procedure requires |
Key Cases Cited
- Davenport v. Workforce Safety and Ins. Fund, 833 N.W.2d 500 (N.D. 2013) (standards for compensable injury and review of agency findings)
- Satrom v. North Dakota Workmen’s Comp. Bureau, 328 N.W.2d 824 (N.D. 1982) (preexisting susceptibility does not bar recovery if injury is causally related to employment)
- Nelson v. North Dakota Workmen’s Comp. Bureau, 316 N.W.2d 790 (N.D. 1982) (similar principle on causation and preexisting conditions)
- Manske v. Workforce Safety and Ins., 748 N.W.2d 394 (N.D. 2008) (application of compensable injury causation standards)
- Geck v. North Dakota Workers Compensation Bureau, 583 N.W.2d 621 (N.D. 1998) (pain as a symptom can constitute aggravation of a preexisting condition)