Myhre v. North Dakota Workers Compensation Bureau12/4/2002
AFFIRMED.
[ ] Pamela Jo Myhre appealed from a district court judgment affirming a North Dakota Workers Compensation Bureau's order which denied benefits for her back condition and chemical exposure. We affirm, concluding the Bureau did not err in determining Myhre failed to prove a causal relationship between her employment and her injuries.
I.
[ ] Myhre began working as the manager of the upholstery department at Mac's, Inc. ("Mac's") in May 1995. Myhre made foam cushions at Mac's, an activity which required her to use spray adhesive glue and other chemicals. She also lifted foam and fabric, stood for long periods of time, and walked on concrete floors. Myhre claimed she developed back and foot problems from the lifting, periods of standing, and walking on concrete floors. On November 30, 1999, Myhre filed a workers compensation claim for back and foot injuries. She stopped working at Mac's on November 27, 1999.
[ ] On December 2, 1999, Myhre added aldehyde poisoning to her original claim. An aldehyde is " ny of a class of highly reactive organic chemical compounds obtained by oxidation of primary alcohols, characterized by the common group CHO, and used in resins, dyes, and organic acids." American Heritage College Dictionary 32 (3rd ed. 1997). Myhre originally called this portion of her claim aldehyde poisoning, but the parties have also used names such as chemical exposure, multiple chemical sensitivity, and chemical poisoning.
[ ] Myhre believes aldehydes in the spray glue and other chemicals made her ill, causing various health problems. She claims the years of exposure to the aldehydes "saturated" her body, and she became "ultrasensitive" to other chemicals, as well as to certain clothing, food, and smells. Besides these sensitivities, Myhre described multiple symptoms including fatigue, general pains, nausea, and headaches. On October 11, 2000, Myhre ultimately went to the Environmental Health Center in Dallas, Texas, a center run by Dr. William Rea. As of the filing of her appellant's brief, Myhre was living on a ranch in Texas.
[ ] Although Myhre sought workers compensation benefits for injuries to her feet and back and for aldehyde poisoning, the Bureau's initial decision of March 28, 2000, accepted liability only for medical expenses for Myhre's foot problem. Myhre requested reconsideration. On May 24, 2000, the Bureau issued an order comporting with the earlier decision: an award paying reasonable and necessary medical expenses for Myhre's foot problem, but denying benefits for her back injury and the aldehyde poisoning. Myhre again requested reconsideration, and on August 31, 2001, a temporary administrative law judge ("TALJ") issued findings of fact, conclusions of law, and an order which affirmed the Bureau's earlier order. On September 11, 2001, the Bureau issued a final order adopting the TALJ's findings of fact, conclusions of law, and order. On October 9, 2001, Myhre appealed the Bureau's final order. The district court affirmed the Bureau's final order on February 14, 2002.
[ ] Myhre argues the Bureau erred by failing to find a causal relationship between her employment and her back injury and aldehyde poisoning. She also asserts the Bureau did not state its reasons for disregarding the medical evidence favorable to her claim.
II.
[ ] On appeal from a judgment of an administrative agency's decision, we review the decision of the administrative agency, giving respect to the district court's analysis. Paul v. N.D. Workers Comp. Bureau, 2002 ND 96, 6, 644 N.W.2d 884. We limit our review to the record before the agency. Wanstrom v. N.D. Workers Comp. Bureau, 2001 ND 21, 5,
Page 1 2 3 4 5 6 North Dakota Employee Leasing Services
Employee Leasing Services
|