Beam v. WSI et. al.
Annotate this CaseNorth Dakota Workforce Safety and Insurance (WSI) appealed a district court judgment reversing an administrative law judge’s (ALJ) decision terminating Gregory Beam’s benefits. Beam was injured in 2016 while working for his employer, Gagnon, Inc. (Gagnon), installing sheets of metal. At the time Beam applied for workers compensation benefits, Gagnon submitted a job description for machinist as Beam’s position with the company at the time of his injuries. A Functional Capacity Evaluation identified Beam could occasionally climb ladders and kneel, but was unable to crouch or crawl. After completion of the evaluation, WSI identified Beam’s transferable skills and physical capabilities. WSI determined Beam’s pre-injury occupation was that of a sheet metal worker, not a machinist as submitted by Gagnon. WSI forwarded a list of job descriptions to Beam’s treating physician, Dr. Kelly, for approval. The description for the physical requirements of a machinist stated the position required “[o]ccasional stooping, kneeling and crouching;” the description for a sheet metal worker were "“[f]requent stooping, handling and reaching & occasional fingering.” Dr. Kelly did not approve Beam returning to work as a machinist, stating, “I don’t think the knee will tolerate the potential kneeling.” Dr. Kelly did approve Beam returning to work as a sheet metal worker. Based on Dr. Kelly’s approval for Beam to return to work as a sheet metal worker, WSI determined Beam could return to work in the same occupation, any employer, and discontinued Beam’s benefits. The ALJ found the job description of a machinist did not match Beam’s pre-injury profession. The ALJ found the preponderance of the evidence established Beam could return to the occupation of sheet metal worker, but could not return to his pre-injury position with Gagnon. The district court determined the ALJ’s findings of fact were not supported by a preponderance of the evidence and reversed. Applying its deferential standard of review, the North Dakota Supreme Court concluded there was evidence in the record from which a reasoning mind could have reasonably concluded WSI’s rehabilitation plan would return Beam to substantial gainful employment. It therefore reversed the district court and reinstated the ALJ's decision.
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