No. 25-5059

James R. Lowe v. North Dakota Workforce Safety and Insurance

Lower Court: North Dakota
Docketed: 2025-07-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-law insurance-liability medical-benefits pre-existing-conditions workers-compensation workplace-injury
Latest Conference: 2025-12-05 (distributed 2 times)
Question Presented (from Petition)

1. Why am I not entitled to further Workforce Safety and Insurance (WSI) benefits for a
back (and shoulder) injury I sustained while working in North Dakota for Badger
Pressure Control over 10 years ago (Nov. 2014). Workforce Safety and Insurance
accepted liability for the injury in 2014, however they are now refusing to cover future
medical. Its bad enough they stopped paying for my pain medication, now they are
refusing to pay for my medical bills.

2. Workforce Safety and Insurance stated I had "pre-existing conditions ", I would like to
know where they are coming up with that as I had no limitations or issues prior to the
work related injury.

Question Presented (AI Summary)

Whether Workforce Safety and Insurance can deny continued medical benefits for a work-related injury based on alleged pre-existing conditions

Docket Entries

2025-12-08
Rehearing DENIED.
2025-11-12
DISTRIBUTED for Conference of 12/5/2025.
2025-10-28
Petition for Rehearing filed.
2025-10-06
Petition DENIED.
2025-08-14
DISTRIBUTED for Conference of 9/29/2025.
2025-07-29
Waiver of right of respondent North Dakota Workforce Safety and Insurance to respond filed.
2025-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2025)

Attorneys

James R. Lowe
James R. Lowe — Petitioner
North Dakota Workforce Safety and Insurance
Jacqueline S. AndersonNilles Law Firm, Respondent