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Barnes v. Workforce Safety and Insurance9/2/2003
AFFIRMED.
[ ] Celeste Barnes appeals from a district court judgment affirming an order of Workforce Safety and Insurance denying benefits for Barnes's cervical spine condition. We affirm, concluding that the administrative law judge ("ALJ") did not err in admitting expert testimony, that the ALJ and the organization did not apply an erroneous legal standard, and that the organization's finding that Barnes's cervical spine condition was not a compensable injury is supported by a preponderance of the evidence.
I.
[ ] Barnes had a lengthy history of non-work-related low back problems, culminating in surgery to fuse the L5-S1 vertebrae in February 1998. She returned to her employment as an administrative assistant at Cross Ranch State Park in May 1998.
[ ] On September 2, 1998, as Barnes was getting out of her chair at work, the back of the chair broke off and she fell backwards onto her tailbone. Barnes was taken by ambulance to a Bismarck hospital, where she complained of extreme back pain and some tightening in her neck. The emergency room doctor diagnosed a contused sacrum. Barnes thereafter saw her regular doctor, who released her to return to work on September 21, 1998.
[ ] Barnes filed a claim for her injuries with the organization on September 11, 1998. The organization accepted the claim and began paying Barnes's medical expenses. Barnes experienced continuing low back problems after the work injury, and in April 1999 had surgery to remove screws from her prior back surgery.
[ ] At some point after the work injury Barnes began experiencing numbness in her fingers and some neck pain. An MRI performed in November 1999 showed some bulging of the cervical discs. Barnes was referred to Dr. Francis Denis, who diagnosed Barnes with herniated cervical discs with congenital spinal stenosis. On May 23, 2000, Dr. Denis performed fusion surgery on Barnes's cervical spine at C4-5, C5-6, and C6-7.
[ ] In March 2000, the organization informed Barnes that it was denying liability for her neck and upper extremity problems. Barnes's attorney provided additional information to the organization, including a letter from her treating physician, Dr. Martire, stating the cervical problems were causally related to her work injury. Barnes requested that the organization issue an appealable order if it was not going to pay medical expenses for her cervical spine problems. The organization requested an opinion from its medical consultant, Dr. Kilzer, and also requested an independent record review by Dr. Simonet, an orthopedic surgeon. Both Dr. Kilzer and Dr. Simonet concluded Barnes's cervical problems were not causally related to her work injury. On November 2, 2000, the organization issued an order denying specific benefits, concluding Barnes's cervical spine problems were not related to the work injury.
[ ] Barnes requested a hearing, which was scheduled for May 3, 2001. Shortly after the hearing began, the ALJ determined a continuance was necessary to allow further discovery and to allow the organization to amend its order to address disability benefits. After the organization issued an amended order denying disability benefits, the hearing was continued on November 7, 2001. The ALJ issued her recommended findings of fact, conclusions of law, and order, finding Barnes's cervical problems were not causally related to her work injury and affirming the organization's order denying benefits. The organization adopted the ALJ's recommended findings, conclusion, and order. The organization denied Barnes's request for reconsideration, and she appealed to the district court. The district court affirmed the organization's order, and Bar
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