[Go to Documents] | Filed Apr. 18, 1991 |
Edward Mattila, Appellant
v.
North Dakota Workers Compensation Bureau, Appellee
Civil No. 900428
Appeal from the District Court of McKenzie County, Northwest Judicial District, the Honorable Bert L. Wilson, Judge.
AFFIRMED.
Opinion of the Court by Gierke, Justice.
Moench Law Firm, 109 North 4th, Suite 100, P.O. Box 1815, Bismarck, ND 58502-1815, for appellant, argued by Kenneth S. Rau.
Janell Marie Knutson (argued), ND Workers Compensation Bureau, Hwy. 83 N., 4007 Russel Building, Bismarck, ND 58505-0630, for appellee.
Mattila v. ND Workers Compensation Bureau
Gierke, Justice.
Edward Mattila appeals from a district court judgment upholding the North Dakota Workers Compensation Bureau's order denying benefits. Mattila argues that the order denying his claim is not supported by a preponderance of the evidence.
In an appeal from a judgment of the district court involving the decision of an administrative agency, review is limited to an examination of the decision of the agency and not the decision of the district court. Grace v. North Dakota Workmen's Compensation Bureau, 395 N.W.2d 576 (N.D. 1986). The dispositive issue on this appeal is whether or not the Bureau's finding that Mattila's degenerative disc disease was not causally related to the work injuries sustained in 1981, is supported by the preponderance of the evidence. We do not make independent findings of fact, but ask only whether or not a reasoning mind reasonably could have determined, as did the Bureau, that Mattila's current back condition is not causally related to or fairly traceable to the 1981 work injury and is more likely due to his degenerative disc disease. We affirm under Rule 35.1(a)(5) N.D.R.App.P.
H.F. Gierke, III
Gerald W. VandeWalle
Beryl J. Levine
Herbert L. Meschke
Ralph J. Erickstad, C.J.