State v. Steffes
2010 ND 232
| N.D. | 2010Background
- Curran had preexisting lower back problems and degenerative disc disease.
- In February 2007 Curran injured her lower back at work while bending to pick up a band-aid.
- WSI denied benefits, ruling the injury merely triggered a preexisting condition and did not substantially accelerate or worsen it.
- The ALJ adopted WSI’s final order denying benefits; the district court reversed, awarding Curran benefits.
- The North Dakota Supreme Court reversed the district court and reinstated WSI’s denial, affirming that the weight of the evidence supports no substantial acceleration or worsening.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Curran's February 2007 back injury a compensable injury by substantial aggravation? | Curran argues the injury caused annular tear/herniation and substantial aggravation of preexisting disc disease. | WSI contends the injury was only a trigger and did not substantially accelerate or worsen preexisting conditions. | No; WSI’s denial was supported by the weight of the evidence. |
Key Cases Cited
- Tverberg v. Workforce Safety & Ins., 723 N.W.2d 676 (2006 ND) (WSI credibility and weighing of medical evidence standard)
- Von Ruden v. North Dakota Workforce Safety & Ins. Fund, 755 N.W.2d 885 (2008 ND) (full review of agency findings; no independent factual reweighing on appeal)
- Bergum v. N.D. Workforce Safety & Ins., 764 N.W.2d 178 (2009 ND) (preexisting injuries and substantial aggravation standard)
- Manske v. Workforce Safety & Ins., 748 N.W.2d 394 (2008 ND) (causal connection requires substantial contributing factor, not sole cause)
- Swenson v. Workforce Safety & Ins. Fund, 738 N.W.2d 892 (2007 ND) (objective medical evidence and burden of proof for causation)