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Lawrence v. North Dakota Workers Compensation Bureau3/23/2000
N.D.C.C. ยง 65-01-16(8). (Footnote omitted).
II.
[ ] The majority says at 28: "The Bureau's decision erroneously focused only on the reasonableness of the job offer, rather than whether a reasonably prudent person would have refused the offer under the same or similar circumstances." The majority, however, focuses on only one sentence out of context. The Bureau's Findings of Fact, Conclusions of Law and Final Order specifically states: "The Bureau adopts that portion of the Administrative Law Judge's rationale which sets forth that the question to be answered in this case is whether the Claimant was justified in refusing the various job offers made to him by the employer, and whether he voluntarily limited his income by declining said job offers."
The Bureau's decision taken as a whole belies the majority's characterization and reflects the appropriate focus on the worker:
The evidence of record having been considered and appraised by the Administrative Law Judge, and the Administrative Law Judge having issued his Recommended Findings of Fact and Conclusions of Law on October 22, 1998, and the Bureau having carefully reviewed the transcript of the administrative hearing which took place on August 21, 1998, and the exhibits made a part of the record at that hearing,
SUMMARY OF EVIDENCE
The Bureau adopts the Administrative Law Judge's summary of the evidence with the following clarifications and/or additions:
1. The January 30, 1998 medical note made by Dr. Naugle's office (Exhibit C - 49) reiterated Dr. Naugle's "opinion" regarding the Claimant's release to work abilities; the Administrative Law Judge's summary at page 8 stating that Dr. Naugle was simply "made aware" of the modified job offer is herein clarified and corrected;
2. On or about July 28, 1997, the Claimant was hired by Jobbers; within two days thereafter, the Claimant had flown to Bismarck, North Dakota, to start work on July 30, 1997;
3. Between August 1, 1997 and September 13, 1997, the date of injury , the Claimant only returned to California on one occasion, to pick his then girlfriend up;
4. At no time prior to the Bureau issuing its February 10, 1998 Notice of Intention to Discontinue Benefits did the Claimant ever allege to either the Bureau, or the employer, that he could not financially afford to return to Bismarck to accept the transitional modified job offer; in three separate written job declinations that he provided to Jobbers, not once did the Claimant allege he was financially unable to return to Bismarck;
5. By the time the Claimant turned the third modified job offer down on or about February 4, 1998 (Exhibit C - 54), Claimant was aware that Jobbers would provide him with a company vehicle for his use, that he would only need to work 20 hours a week (four hours per day), and that he would be paid a full-time wage ($507 per week). In addition, while Claimant never requested an advance from Jobbers, he was well aware and had in the past received advances from Jobbers and was also aware that Jobbers was willing to fly the Claimant to Bismarck, at their own expense;
6. Despite being released to work in January of 1998, the Claimant has never at any time since his release date ever sought any employment, in any city, anywhere in the United States;
7. The facility referenced by the Administrative Law Judge at page 11 of his "Summary of Evidence" which Kathy Dewald testified to included a full kitchenette for the use by the Claimant;
8. The Claimant presented absolutely no evidence to the Bureau of any fixed expenses, such as, for example, a home mortg
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