Allen v. City of Detroit, 052406 MIWC, 2006-4

Case DateMay 24, 2006
CourtMichigan
ARNOLD ALLEN SS# xxx Plaintiff,
v.
CITY OF DETROIT SELF INSURED Defendant.
No. 2006-4
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
May 24, 2006
         The social security number and dates of birth have been redacted from this opinion.           PLAINTIFF Ernest F. Friedman (P26642)           DEFENDANT Phillip S. Brown (P35055)           OPINION           JOHN J. RABAUT, MAGISTRATE (196), JUDGE          CLAIM          Plaintiff, by two Application(s) for Mediation or Hearing – Form A, filed, alleged a date of injury as follows:          STIPULATIONS          The parties stipulated that plaintiff is receiving his duty disability pension which was granted effective August 12, 2004.          Prior to the commencement of trial, defendant moved to dismiss plaintiff’s Application for the reason that plaintiff elected like benefits pursuant to MCL 418.161. Both parties submitted briefs on this issue. Defendant’s Motion is granted and plaintiff’s Application for Hearing is denied.          The parties agreed that plaintiff was granted a duty disability retirement effective August 12, 2004. Defendant’s position is that, since plaintiff elected the duty disability pension, all claims for benefits under the Act are barred. Plaintiff, however, alleged that, since he was seeking attendant care and since those benefits are not part of the duty disability retirement plan, he was not seeking “like benefits” and, therefore, should be allowed to continue with his claim for attendant care benefits. ...

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