JAMES L. HAZELETT SSN: xxx Plaintiff,
v.
U G T I LEAK SEEKERS/ AMERISURE MUTUAL INSURANCE COMPANY, DEFENDANTS.
No. 2006-170
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
December 6, 2006
The
social security number and dates of birth have been redacted
from this opinion.
Gary
T. Neal (P32033) for plaintiff.
Craig
A. Bell (P42311) and Gregory J. Rapp (P25794) for defendants.
OPINION
G. JAY
QUIST, MAGISTRATE #192G, JUDGE
CASE
SUMMARY
This
case is pending before me based on an appeal from a
rehabilitation order by Vocational Rehabilitation Consultant,
David R. Campbell, dated April 6, 2006. Mr. Campbell awarded
the plaintiff 27 weeks of vocational rehabilitation based on
a previous vocational rehabilitation order issued by Mediator
Michael Miron. He also awarded the plaintiff $1,807.63 in
educational expenses.
A
hearing was held in this matter in Grand Rapids on November
30 and December 5, 2006. The parties agreed that the
defendant is responsible for $1,807.63 in educational
expenses ordered by Mr. Campbell. The parties also agreed
that because Mr. Campbell did not make a finding whether the
plaintiff was entitled to an additional 52 weeks of
rehabilitation, it is inappropriate to make a finding on that
issue on appeal. Finally, the parties agreed, given the
limited nature of Mr. Campbell’s opinion, it is
inappropriate to determine whether the plaintiff is entitled
to credit for previous job placement activities which
occurred prior to the plaintiff commencing college.
Therefore,
the sole issue on appeal is whether Mr. Campbell properly
awarded the plaintiff 27 weeks of vocational rehabilitation
based on a previous vocational rehabilitation order issued by
Mediator Michael Miron.
Based
on the facts presented and the statute, I find that Mr.
Campbell’s order must be reversed because his opinion
is inconsistent with the plain language of Section 319 of the
Act.
PROCEDURAL
HISTORY
The
issue of vocational rehabilitation was originally pending in
this matter before Mediator Michael Miron in 2004. Mediator
Miron attempted to facilitate a resolution of the disputes
between the parties regarding vocational rehabilitation
issues. The facilitation was unsuccessful and therefore he...
