Mallory v. Merkel & Kenny, 2018 ACO# 28October 2018

1. PROCEDURAL HISTORY a. Magistrate Tjapkes granted plaintiff an open award of benefits b. Defendant argues on appeal plaintiff was an independent contractor 2. FACTS a. No dispute that plaintiff had a work related injury falling off a roof while performing work for the employer b. Sole issue was his employment status

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Davis v. General Motors, 2018 ACO #30October 2018

1. PROCEDURAL HISTORY a. Magistrate McAree ordered full workers’ comp benefits at the rate of $739.00 per week and continuing at full rate b. WCAC affirms there was an injury, but reverses finding partial disability 2. FACTS a. Plaintiff injured his back and had four back surgeries; case voluntarily paid for three years. b. Defendant […]

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“Take-away” from WCAC casesOctober 2018

A. Magistrates who rely on doctors’ testimony which neglects a review of significant medical evidence will be reversed B. Magistrates must follow the law on coordination as found by the Michigan Supreme Court in Arbuckle, or will be reversed C. In determining proper residual wage earning capacity when a commission of a crime is involved, […]

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