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Kerzman v. North Dakota Workers Compensation Bureau3/18/1999
Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Glenn Dill III, Judge.
AFFIRMED.
[ ] John Kerzman appealed a judgment affirming a North Dakota Workers Compensation Bureau order denying him further disability benefits and ordering him to repay $9,998.03 in previously paid disability benefits. We affirm.
[ ] On July 26, 1986, Kerzman injured his lower back during the course of his employment. Dr. James Adams reported Kerzman's injury was a continuation of previous back injuries in 1979 and 1981, and concluded Kerzman's work injury aggravated his pre-existing condition by fifty percent. The Bureau accepted Kerzman's claim and paid medical expenses and disability benefits on a fifty percent aggravation basis.
[ ] Kerzman disputed the Bureau's decision to pay him benefits on a fifty percent aggravation basis, but in 1988, after consulting with counsel, he entered a written stipulation with the Bureau which provided:
"[Kerzman's] medical history is significant in that underwent laminectomy and diskectomy of the lumbar spine in 1981;"
"WHEREAS, the greater weight of the evidence taken as a whole indicates that [Kerzman's] employment was also a substantial contributing factor to current low back problems;"
"WHEREAS, the Bureau accepted liability in this case, and paid the associated medical expenses and disability benefits on a fifty percent (50%) aggravation basis;"
"WHEREAS, there has been dispute between the parties concerning whether [Kerzman's] prior problems were an impairment or disability known in advance of the work related injury;"
"WHEREAS, there is evidence in the record [Kerzman] was under a disability and an impairment as a result of his 1981 surgery;"
"WHEREAS, [Kerzman] has expressed an interest in vocational rehabilitation retraining to enable him to obtain transferable skills for a return to gainful employment within the physical restrictions occasioned by his work injury;"
"WHEREAS, the Bureau ordered an award of vocational rehabilitation retraining benefits on August 13, 1987;"
"WHEREAS, it appears in the best interests of the parties to pay [Kerzman's] vocational rehabilitation allowance in a lump sum;"
"WHEREAS, the parties are desirous of stipulating to a settlement in this case."
"IT IS STIPULATED AND AGREED by and between the parties as follows:"
". The Bureau will continue to pay all reasonable medical expenses directly related to [Kerzman's] injury on July 26, 1986."
". The Bureau will pay and [Kerzman] will accept payment of the total sum of Eight Thousand One Hundred Sixty-Four ($8,164.00) Dollars as full and complete settlement of his claim for disability benefits and rehabilitation retraining benefits in connection with his injury on July 26, 1986."
". [Kerzman] shall be entitled to a permanent partial impairment award at fifty percent in the future, should objective medical evidence pursuant to the AMA Guides so indicate."
". It is further expressly understood and agreed by and between the parties that relocation expenses shall remain open for consideration by the bureau in the future."
". [Kerzman] shall not be entitled to any further benefits under the North Dakota Workers Compensation Act in connection with his injury on July 26, 1986, beyond those previously awarded and paid and those agreed to by the terms of this stipulation."
[ ] The Bureau thereafter paid fifty percent of Kerzman's medical expenses. In 1995, Kerzman claimed the stipulation required the Bur
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