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Svedberg v. North Dakota Workers Compensation Bureau9/8/1999
ke was temporarily totally disabled by these work-related injuries from March 14, 1994, and she had carpal tunnel surgeries in November 1994 and May 1995. While she was disabled by the carpal tunnel injuries, Bjerke developed inflammation caused by screws implanted during her prior back surgery. In 1996 the Bureau determined Bjerke was no longer disabled by her work-related injuries and terminated disability benefits. Bjerke claimed she remained disabled by her back injury and her doctor recommended she not return to work. The Bureau terminated Bjerke's disability benefits and we affirmed that action, concluding a claimant whose work-related disability has resolved, but who remains disabled due to a subsequent non-work-related disability, is not entitled to continued disability benefits. We stressed disability benefits may only be paid for a disability caused by a work-related injury. Id. at 23-24.
[ ] Bjerke is distinguishable from this case. The issue here is not whether Svedberg is entitled to ongoing disability benefits for a non-work-related disability which arose after the work injury in 1995. Rather, the dispositive issue is whether the Bureau can ignore an injured worker's actual physical condition at the time of the work-related injury in formulating a vocational rehabilitation plan under N.D.C.C. ch. 65-05.1. The focus of this case is not upon Svedberg's eligibility for benefits based upon his back and psychological problems, but whether the Bureau must consider those pre-existing problems when it assesses how best to return Svedberg to substantial gainful employment.
[ ] Svedberg suffered from the limitations caused by his prior back injuries and psychological problems at the time of his shoulder injury in 1995. To the extent that it holds the Bureau must consider the claimant's medical limitations which existed at the time he sustained the work-related injury, Holtz actually supports Svedberg's position in this case. This concept is closely related to the adage that the employer takes the employee as he finds him. See Bruns v. North Dakota Workers Compensation Bureau, 1999 ND 116, 16 n.2, 595 N.W.2d 298; Nelson v. North Dakota Workmen's Compensation Bureau, 316 N.W.2d 790, 795 (N.D. 1982); Balliet v. North Dakota Workmen's Compensation Bureau, 297 N.W.2d 791, 795 (N.D. 1980). It is perfectly logical that the rehabilitation plan would not take into consideration severe disabilities caused by non-work-related accidents occurring after the claimant is no longer working. However, functional limitations which existed at the time the claimant was performing the job are elements of the employee as the employer "found" him, and are valid factors which should be taken into consideration when the Bureau determines whether certain employment options present an opportunity for "substantial gainful employment." See N.D.C.C. § 65-05.1-01(3).
[ ] We have explained our purpose in construing statutes:
"In construing a statute, we consider the entire enactment of which it is a part and, to the extent possible, interpret the provision consistent with the intent and purpose of the entire Act. In determining legislative intent, the court may consider such matters as the objects sought to be obtained, the statute's connection to other related statutes, and the consequences of a particular construction. Statutes must be construed logically so as not to produce an absurd result." In re M.Z., 472 N.W.2d 222, 222-23 (N.D. 1991) (citations omitted).
The legislative intent of the rehabilitation statutes is clearly expressed in N.D.C.C. § 65-05.1-01(2):
"The purpose of this chapter is to ensure that injured employees covered by this title receive service
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