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Wilson v. Good Will Publishers11/13/2003
or medical discomfort or symptoms requiring medical attention.
Wilson's own statements support the commissioner's finding that he was free to seek medical attention whenever he felt ill. Wilson believed, at least until he reached Dexter, that he only had indigestion. When he arrived there and realized his condition might be more serious than that, he immediately suspended his work and sought medical help.
While the language of the commissioner's findings did not use the "impelled to continue" language of Sondag, the gist of the findings is clear: because Wilson was free to seek medical attention without employment restraints, he did not meet the Sondag test. We will construe the commissioner's findings broadly to support his conclusion, i.e., that Wilson failed to meet the third legal-causation test of Sondag. See Shank, 516 N.W.2d at 812 (court to apply broadly commissioner's findings to support its decision).
The district court substituted its fact-finding for that of the industrial commissioner on this issue, finding that Wilson was impelled to continue working. We conclude this was error; a district court is not free to substitute its findings of fact for that of the commissioner if the commissioner's findings are supported by substantial evidence. However, the district court denied benefits on the ground the claimant had failed to establish medical causation. We therefore affirm its decision, although on a different ground.
While the parties argue about whether the claimant had established medical causation, we need not address that issue because a claimant must establish both legal and medical causation. Riley, 532 N.W.2d at 492. This claim must fail for lack of proof of legal causation. We also decline to address the parties' argument on appeal about whether the "impelled to continue" standard of Sondag is judged on a subjective or objective basis because the court of appeals, not the parties, interjected that issue. It was therefore waived.
We vacate the decision of the court of appeals and affirm the judgment of the district court.
DECISION OF COURT OF APPEALS VACATED; JUDGMENT OF DISTRICT COURT AFFIRMED.
All justices concur except Wiggins, J., who takes no part.
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