Dahoui v. Fishbeck Thompson Carr & Huber Inc., 062419 MIWC, 7320
| Case Date | June 24, 2019 |
| Court | Michigan |
“Claimant was injured while lifting materials at work, including a heavy computer monitor on 12/26/07. Nature of disability is back, legs and sequelae. Claimant was paid workers’ compensation benefits pursuant to the Voluntary Payment Agreement entered on 3/3/11 until defendant sent him to Dr. Gross on 8/23/13 and cut off his benefits. Claimant proceeded to trial and was awarded workers’ compensation benefits at $723/week by the Magistrate from 11/26/14 to 4/25/16, when the Magistrate held that claimant was not making a good faith effort at securing employment. Claimant then hired Fuller Rehabilitation and has performed a good faith job search. Defendant has refused to reinstate workers’ compensation benefits at $723/week and has refused to pay Fuller Rehabilitation for all rehabilitation efforts, despite the Magistrate’s continuing order to pay all reasonable and necessary medical expenses. Claimant requests workers’ compensation be reinstated at $723/week plus payment of all rehabilitation requested by Fuller Rehabilitation and penalties.”STIPULATIONS: No stipulations were entered in this matter. WITNESSES TESTIFYING PERSONALLY: Plaintiff: Karam Dahoui, Plaintiff Defendant: None WITNESSES TESTIFYING BY DEPOSITION: Plaintiff: James Fuller, MA, CRC Defendant: None EXHIBITS: Plaintiff: 1. Deposition transcript – Mr. Fuller 2. Plaintiff’s job logs 3. Emails from Defendant dated December 18, 2017 and October 19, 2018 acknowledging Plaintiff’s application for employment 4. List of job search websites 5. Job log summary Defendant: A. Plaintiff’s resume B. Job log summary DISCUSSION KARAM DAHOUI, PLAINTIFF Plaintiff was the only witness to testify at the hearing on April 11, 2019. He acknowledged the restrictions which were imposed by Dr. Majjhoo. He further testified that he has applied for positions online at various websites. He does not bring up his restrictions in any of his applications. If he does receive a response from a prospective employer, he limits his discussion to talking about the job duties. If he is asked about restrictions he does disclose that he has a 10 pound weight restriction with no twisting, bending and a sit/stand option. He never mentions that he must lie down. Plaintiff identified Exhibit 4 which is a list of websites that he uses in his job search. As an example, he testified that Ziprecruiter.com was such a website. He would insert a key word in his search such as “mechanical engineer” or “project manager” and when he received a “hit” he would follow up with emails about the particular job. His resume is posted on the job sites. The Plaintiff’s resume was marked as Defendant’s Exhibit A. Plaintiff did have numerous copies of email communications from various job sites regarding his search for employment. These documents constituted some 2,000 pages. At the request of the undersigned, and with the stipulation of both counsel, the parties prepared a summary of the documents which will be discussed hereinafter. The responses Plaintiff received from his inquires vary. As an example, he may receive one from a recruiter or perhaps a company to set up a time for a meeting or an interview. He provides specific information regarding his experience. He did further testify that with regard to face to face interviews during the period after April, 2016, he has had perhaps 10 or 11. Plaintiff contacted Mr. James Fuller following several meetings and/or contacts with prospective employers wherein he determined that he was getting feedback indicating that he needed further training in his field because he had been away from his regular employment as an engineer since 2007. He provided a recommendation for training to Defendant’s workers’ compensation carrier, however it was not approved. A complete rehab plan was prepared by Mr. Fuller which also was not approved by Defendant’s carrier. Plaintiff then testified with regard to several more recent attempts at securing employment beginning in July, 2016. He testified regarding one company named KJWW which is an architectural engineering firm. His resume was online. Based upon some email communications he did have a phone interview which looked positive. His restrictions were discussed, however he has heard nothing regarding any acceptance of his application. In November, 2016, he had contact with a company called Harley, Ellis, Devereaux with the acronym HED. The application was submitted in February, 2017 online. He did receive telephone contact from a recruiter. He did meet with the Director of Engineering. It was obvious to him that he needed to be retrained because he was missing what he called “three code updates.” He also then began being more concerned about the need for his retraining. Plaintiff testified regarding contact with an entity known as Doshi Group referencing a position with DET Energy. This was in March, 2018. He was provided a document called an “assessment” which he sent in. He indicated that he did not pass the assessment. He attempted to inquire why and reference was made with regard to updating his software knowledge. In April, 2017 Plaintiff received a contact from someone at the University of Michigan who asked him whether he would be interested in a position which had not yet been filled. Plaintiff responded that he would be interested. There was a discussion over the phone following which there was a meeting which lasted approximately two hours at which time discussion was held with regard to the position and his background. Plaintiff testified he was told that he was a solid applicant. He was given two packets to prepare which involved a questionnaire with regard to certain mechanical systems. It took Plaintiff 10 days to put the answers together. A further meeting was held with the first person who contacted him, Mr. Tom Gerard, and a senior engineer. This meeting lasted approximately an hour. There was a further meeting with a hiring committee. He was given specific scenarios during this meeting and it became obvious to him that he lacked the training necessary for the position. He did not secure the job. In light of the fact that Plaintiff appeared to need further training, he testified that he modified his job search somewhat to broaden his employment search which would include jobs such as project manager and foreman even though he had not done that type of work before. However, he did feel that he had experience in construction and did not need as much updating for those types of positions. In June, 2018, Plaintiff apparently applied for a position as a regional coordinator for an insurance company. He did receive a contact and met with representatives. It appeared that the job involved selling insurance for which he would need a license. In July, 2018 he contacted an employer regarding an immediate opening for an estimator. The company requested an updated resume which did not appear to have any information past 2007 because he has not worked since that time. He acknowledged that he had no experience as an estimator but felt that because of his background he would be able to perform that type of work. In January...
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