960 N.W.2d 805
N.D.2021Background
- On Sept. 14, 2017 Fred Felan was injured when his loaded truck rolled; he was taken to a hospital, treated for chest/rib pain, prescribed hydrocodone, and x‑rays showed no fractures.
- On Sept. 16, 2017 Fred Felan was found dead; autopsy listed cause of death as congestive cardiomyopathy and arteriosclerotic heart disease.
- WSI accepted Fred’s workers’‑comp claim for a thoracic contusion but denied a subsequent claim by spouse Gloria Felan for death benefits, concluding the death was not due to the work injury.
- ALJ reversed WSI, concluding a compensable heart injury could be shown under the general compensable‑injury standard; ALJ credited Dr. Peretti’s opinion that blunt chest trauma caused a fatal arrhythmia. The ALJ did not make findings about “unusual stress” causation.
- The district court affirmed the ALJ. The North Dakota Supreme Court reversed and remanded, holding the ALJ misapplied N.D.C.C. § 65‑01‑02(11)(a)(3) and that there was no objective medical evidence of an arrhythmia.
Issues
| Issue | Plaintiff's Argument (Felan) | Defendant's Argument (WSI) | Held |
|---|---|---|---|
| Whether ALJ correctly applied N.D.C.C. § 65‑01‑02(11)(a)(3) for heart‑related injuries | Heart injuries can be compensable under the general compensable‑injury framework; ALJ’s reading allows proving heart injury like other injuries. | Statute requires that heart‑related injury be caused by employment with reasonable medical certainty and that "unusual stress" be at least 50% of the cause; ALJ misread the statute. | Reversed: statute’s "only when" language requires meeting the specified causation/unusual‑stress criteria; ALJ erred by expanding proof methods. |
| Whether there was objective medical evidence establishing a cardiac arrhythmia and causation | Dr. Peretti opined blunt chest trauma caused a fatal arrhythmia; this medical opinion supports compensability. | The opinion was deductive with no objective medical findings of an arrhythmia; § 65‑01‑02(11) requires objective medical evidence of the injury. | Reversed: no objective medical evidence of an arrhythmia; physician’s deduction alone was insufficient. |
Key Cases Cited
- Bishop v. N.D. Workforce Safety & Ins., 823 N.W.2d 257 (N.D. 2012) (ALJ factual findings get deference; legal conclusions reviewed de novo)
- Across Big Sky Flow Testing, LLC v. Workforce Safety & Ins., 857 N.W.2d 380 (N.D. 2014) (objective medical evidence may include physician opinion based on exam and history)
- Swenson v. Workforce Safety & Ins. Fund, 738 N.W.2d 892 (N.D. 2007) (same principle on objective medical evidence)
- City of Bismarck v. Mariner Const., Inc., 714 N.W.2d 484 (N.D. 2006) (remand appropriate where issue likely to recur)
- State v. Long, 950 N.W.2d 178 (N.D. 2020) (statutory interpretation begins with plain language)