Workforce Safety and Insurance v. Kringlie
Annotate this CaseIn the State of North Dakota, Dale Kringlie suffered a work-related injury to his right shoulder and wrist while using a concrete drill in April 2019. Workforce Safety and Insurance (WSI) accepted the claim and paid the associated medical expenses and disability benefits. WSI later issued a vocational rehabilitation plan for Kringlie, which he contested, asserting his inability to perform any of the jobs due to a neuropsychological condition. Kringlie sought the opinion of Dr. Swenson, who supported his claim. An Administrative Law Judge (ALJ) reversed WSI’s decision, basing his judgment heavily on Dr. Swenson's opinion. WSI appealed this decision to the district court, arguing that the ALJ erred by considering Kringlie’s functional limitations at the time of the vocational rehabilitation report issuance. The district court reversed the ALJ's decision, stating that WSI was only required to consider Kringlie's functional limitations at the time of his work-related injury. The Supreme Court of North Dakota affirmed the district court's decision, agreeing that the ALJ misapplied the law. The court held that the ALJ erred in considering Kringlie’s functional limitations at the time WSI issued the vocational rehabilitation report, rather than at the time of the work-related injury. Furthermore, the court ruled that the ALJ wrongfully relied on Dr. Swenson's opinion, which was not permitted under N.D.C.C. § 65-05-08.1.
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