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Ward v. Pre-Engineer Sys.

Workers' compensation statutes and rules that do not render compensable an injury that would not otherwise be compensable, but which merely affect the scope of treatment required, are to be retroactively applied to ongoing cases where the injury preceded the effective date of the law.

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John Ward appeals from a superior court order reversing the decision of the State Board of Workers’ Compensation granting his request for nurse case management services. The court concluded that Ward was not entitled to such services because they were not an authorized workers’ compensation benefit at the time of his injury. We reverse.

In 1973, Ward was injured when he fell approximately 40 feet while working on a construction site. He suffered various injuries from the fall, including a traumatic brain injury that has resulted in ongoing cognitive impairment. The employer, Pre-Engineer Systems,1 and its insurer have paid for various workers’ compensation benefits arising from the fall. Among other things, Ward received rehabilitation services from 1999 to 2009, when those services were suspended. In 2011, Ward filed a request to reinstate the rehabilitation services. The request was denied in an administrative order, and Ward appealed, seeking a hearing before an administrative law judge.

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