Keidel v. WSI, et al.
Annotate this CaseJesse Keidel appealed a district court judgment affirming an administrative law judge’s (ALJ) decision denying Keidel permanent partial impairment (PPI) benefits. In May 1996, Keidel suffered a work-related injury to the meniscus of his left knee. Keidel had surgery in December 1996. In October 1997, Keidel underwent a second surgery to his left knee, a high tibial osteotomy. The doctor performing an independent medical evaluation in May 1998 opined that Keidel’s left knee condition was a “combination of his significant preexisting left knee degenerative joint disease and the work-related permanent aggravation.” Following a permanent impairment evaluation, WSI denied Keidel a PPI award because Keidel’s 15% whole body impairment was below the statutory 16% threshold for an impairment award. In January 2019, Keidel had left total knee replacement surgery. In June 2020, Keidel underwent a second permanent impairment evaluation. The evaluating doctor, Dr. Redington, determined Keidel had a 24% whole person impairment for the left total knee replacement. "Giving [Keidel] the benefit of the doubt, I will apportion 50% of the impairment rating of the left knee to pre-existing conditions." In November 2020, WSI denied an impairment award for Keidel’s left knee because his overall impairment rating after apportionment after the second evaluation was 12%, which was below the 14% threshold for an impairment award under then current version of N.D.C.C. § 65-05-12.2. At a hearing, Keidel argued the apportionment of his left knee impairment due to preexisting arthritis was litigated and decided in a 2000 hearing. Keidel argued administrative res judicata prohibited WSI from litigating whether his permanent impairment could be apportioned to a preexisting condition. The ALJ and district court concluded administrative res judicata did not apply. Finding no error in that judgment, the North Dakota Supreme Court affirmed.
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