Davis v. Jackson Public Schools and Middle Cities Workers’ Compensation Fund, 070205 MIWC, 2010-216

• Case Date: July 02, 2005
• Court: Michigan

Davis, Pennie, SS# XXX-XX- XXX, Plaintiff, v. Jackson Public Schools and Middle Cities Workers’ Compensation Fund/ Gallagher Bassett Services, Inc., Defendants. No. 2010-216 Michigan Workers Compensation State of Michigan Department of Energy, Labor, and Economic Growth Board of Magistrates 2010          The social security number and dates of birth have been redacted from this opinion.           David J. Cooper (P12202) for Plaintiff           Michael D. Sanders (P35648) for Defendants           Garry Goolsby Judge          The parties have submitted the following stipulated facts:          NOW COME the parties hereto and stipulate the following facts:

1. Plaintiff was born on XXX.

2. Plaintiff commenced her employment with Jackson public schools as a high school art teacher in September of 1986.

3. On February 29, 2008, the plaintiff sustained a work-related slip and fall in the course of her employment on the employer's premises resulting in a left shoulder clavicle fracture non-union as diagnosed by the University of Michigan Health System. The physician thought it unlikely that she would return to work for the remainder of that 2007-2008 school year. She was to be reevaluated in six weeks.

4. The employer deemed the employees left shoulder injury compensable pursuant to the Michigan Workers’ Disability Compensation Act.

5. The employer paid the plaintiff workers’ compensation wage loss benefits at the rate of $739 per week from the point of her last day of work -- March 13, 2008 -- up through the end of the normal academic school year on or about June 9, 2008.

6. The employer filed the appropriate Notice of Compensation Payments. See attached Exhibit A.

7. The employer filed a Notice of Dispute disputing any further obligation to pay workers’ compensation wage loss benefits during the course of the normal summer vacation months ( from June 10, 2008 through August 24, 2008) declaring her a seasonal employee. See attached Exhibit B. The plaintiff’s fringe benefit package continued on and uninterrupted basis.

8. The plaintiff returned to work without any wage loss in her capacity as a high school art teacher on

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