ABBAS M. AL-HUSAINI, SSN: xxx, PLAINTIFF,
v.
S & D SEAFOOD & FISH, INC., NO RECORD OF COVERAGE, DEFENDANT.
No. 2006-6
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
June 6, 2006
The
social security number and dates of birth have been redacted
from this opinion.
HEARING DATE May 23, 2006
Abbas
M. Al-Husaini, in Pro Per
No
appearance for defendant
OPINION
CAROL
R. GUYTON, MAGISTRATE (194G), JUDGE
STATEMENT
OF CLAIM
On
April 6, 2005, plaintiff filed an application for hearing
where he asserted that he fractured his right wrist as the
result of a slip and fall that occurred during the course of
his employment for defendant. He is seeking wage loss and
medical benefits under the Act.
EXHIBITS
Plaintiff
1.
Business card from S & D Seafood Admitted
2.
Medical report and bills Admitted
DISCUSSION
OF TRIAL TESTIMONY
Defendant
was notified of the trial date by regular and certified mail.
Defendant was a no show for trial. Defendant previously sent
a letter, dated June 15, 2005, which said plaintiff was not
an employee of S & D Seafood, but that letter cannot be
considered without sworn testimony to that effect, along with
an explanation for the statement.
Plaintiff
testified through an interpreter, Saddam Kaid. Plaintiff is a
cook. He said the owner of S & D Seafood, Mohamed, came
to his house and offered him a job as a cook. He knew
plaintiff was working as a cook at the Shaba Restaurant on
Jos. Campau. Plaintiff started working for S & D Seafood
on Monday, October 4, 2004.
S &
D Seafood is a carry-out restaurant. Plaintiff cooked all
types of fish and usually worked from 8 am to 8 pm. He was
injured during his first week on the job. That first week, he
worked 5 days. He was injured on the 5th day. At S
& D Seafood, there are four employees during the week and
six on the...