State v. Aguero
2010 ND 210
| N.D. | 2010Background
- Holmgren, an over-the-road truck driver for JLY Transport, worked about four months in 2008 and reported a seat defect causing back pain.
- Holmgren filed a WSI claim in May 2008; WSI offered a stipulation to settle in August 2008, stating no liability and providing disability and medical expense reimbursement with a bar on future payments.
- JLY refused to sign, contending Holmgren did not sustain a work injury and requested an administrative hearing.
- The ALJ found Holmgren’s pain began shortly after employment, linked to the seat defect, with supporting chiropractic treatment and eventual return-to-work attempts; Holmgren was allegedly terminated after seeking to return.
- The ALJ concluded WSI had a reasonable basis to enter the stipulation; the district court affirmed.
- On appeal, JLY argues Holmgren did not suffer a compensable injury and challenges the stipulation; issues concerning premium charges were not properly raised.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did WSI have a reasonable basis to enter the Holmgren stipulation? | JLY asserts no compensable injury, undermining stipulation basis. | Holmgren supported by evidence; ALJ found credible link to work and seat defect. | Yes; WSI reasonably based on the record. |
| Is a compensable injury required before WSI may stipulate a resolution? | JLY contends no compensable injury exists to support stipulation. | Statute allows compromise without proving compensable injury to avoid litigation. | No; a stipulation may proceed without a prior finding of a compensable injury. |
| Was the premium-charge argument properly before the court? | JLY argues employer premium charges were improper absent injury finding. | Issue not raised originally; not properly before this Court. | Not considered; waived for lack of proper presentation. |
Key Cases Cited
- Tverberg v. Workforce Safety & Ins., 723 N.W.2d 676 (ND 2006) (WSI credibility and weight-of-evidence review on agency findings)
- Schiff v. N.D. Workers Comp. Bur., 480 N.W.2d 732 (ND 1992) (agency discretion to enter stipulations)
- Midthun v. Workforce Safety & Ins., 761 N.W.2d 572 (ND 2009) (failure to raise issue in district court bars review)