ROSEMARIE L. CHAMPAGNE, SS# xxx, PLAINTIFF,
v.
GENERAL MOTORS CORPORATION, SELF-INSURED, DEFENDANT.
No. 2006-39
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
May 11, 2006
The
social security number and dates of birth have been redacted
from this opinion.
Steven
Pollok (P#27592) for Plaintiff.
Mark
Anderson (P#31564) for Defendant.
OPINION
CHRISTOPHER P. AMBROSE 215G, JUDGE
STATEMENT
OF CLAIM:
Plaintiff
filed an Application which was received by the Bureau on
December 11, 2003. At that time, Plaintiff alleged a number
of injury dates including the injury date of February 19,
2002. At the time of trial, Plaintiff’s counsel
asserted that the date of injury being claimed in this matter
is February 19, 2002. In fact, Defendant stipulated to an
injury on that date. In briefs submitted by the parties, as
well as argument presented on the record, the issues in this
case are quite limited. The primary issue is whether or not
Defendant is entitled to a credit under Section 354 for
holiday pay, when Plaintiff was required to take it due to a
plant shutdown. It is Plaintiff's position that Defendant
is not entitled to receive a credit for vacation and holiday
pay when Plaintiff is required to take that time off.
Statutorily, this translates into the question of whether or
not holiday pay taken during involuntary periods of time off
is a “wage continuation” under Section 354 of the
Workers’ Compensation Act. There also exists the issue
of whether a February 20, 2003 voluntary payment agreement
allows Plaintiff to claim benefits prior that date.
STIPULATIONS:
The
parties stipulated that the Plaintiff has established a work
related injury, with an injury date of February 19, 2002. The
parties also stipulated that there is an average weekly wage
of $1043.88, with a corresponding workers’ compensation
rate of $571.25. The balance of stipulations are set forth in
Joint Exhibit 1 presented by the parties at the time of the
hearing in this matter.
WITNESSES
TESTIFYING PERSONALLY:
Plaintiff:
Rosemarie
Champagne, Plaintiff
EXHIBITS:
Plaintiff:
1.
Plaintiff's trial brief.
Defendant:
A.
Defendant’s trial brief.
Joint
Exhibit:
1.
Stipulated set of facts, along with various exhibits attached
thereto.
DISCUSSION
Although
briefs by both sides were submitted at the time of trial,
along with a stipulated set of facts, Plaintiff did briefly
testify on the hearing date.
Plaintiff
testified regarding the voluntary payment agreement that was
entered into between herself and Defendant...
