CHETA. GAGE, SS# xxx, Plaintiff,
v.
TWO MEN AND A TRUCK OF NORTHERN MICHIGAN and NO RECORD OF COVERAGE, Defendant,
No. 2006-111
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
December 5, 2005
The
social security number and dates of birth have been redacted
from this opinion.
HEARING DATE: November 29, 2005 in Gaylord
For
Plaintiff: Kevin Hesselink, Atty (P39922)
For
Defendant: No Appearance at Trial
OPINION
THOMAS
G. MOHER, MAGISTRATE (222G), JUDGE
WITNESS
TESTIFYING IN PERSON:
Chet
A. Gage
TRIAL
EXHIBIT:
Plaintiffs
Exhibit 1 - Claimant/Employee Statement including Medical
Bills from Bay Home Medical & Rehab; Otsego Memorial
Hospital; MedCare Walk-In Clinic and Alpine Orthopedics, PC
and Wage Information
OPINION/ORDER
CLAIM
Plaintiff
claims a disabling injury to his left knee as a result of a
work injury on April 26, 2005. Plaintiff is requesting wage
loss for the period of April 26, 2005 until June 15, 2005 and
medical and surgical treatment for his left knee.
STIPULATIONS
There
were no stipulations at trial due to the fact that Defendant
has no record of coverage and there was no one representing
the Defendant at trial.
PROOFS
The
Plaintiff was in the employ of the Defendant on the date of
the alleged injury of April 26, 2005. Notice was given and
claim was made according to the Statute. Plaintiff’s
gross wage was $153.22 per week and his tax filing status is
single with no dependents. There was no dual employment
issue.
ISSUES
1. Did
Plaintiff meet with the standard of arising out of and in the
course of his employment on or about the date alleged of
April 26, 2005?
2. Did
a disability result from the alleged injury?
3. Was
a wage loss incurred and...