Jaskiewicz v. Bay City Public Schools, 021904 MIWC, 2006-246

• Case Date: February 19, 2004
• Court: Michigan

James S. Jaskiewicz SS # xxx Plaintiff, v. Bay City Public Schools, Self-Insured Defendant. No. 2006-246 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates February 19, 2004          The social security number and dates of birth have been redacted from this opinion.           The trial in this matter was held on April 4, 2006.           Timothy S. Burns (P45661), attorney for the Plaintiff           Jeffery R Reem (P38723), attorney for the Defendant           OPINION           JAMES J. KENT, MAGISTRATE (229G), JUDGE          STATEMENT OF CLAIM:          Plaintiff commenced his claim some time ago, with an original petition filed in 2000 alleging a December 17, 1998 injury date. That and two subsequent petitions were settled by way of voluntary payment agreements and orders of dismissal. The latest voluntary payment agreement, which gives rise to this action, was dated February 19, 2004, signed by Plaintiff, his attorney of record, Defendant’s attorney of record, and the presiding Magistrate Chrstopher P. Ambrose.          Subsequently, Defendant filed two Notices of Dispute alleging Plaintiff had filed to comply with the terms of the voluntary payment agreement. In the first Notice of Dispute (March 29, 2004), Defendant stated: “Pursuant to voluntary payment agreement entered on February 19, 2004, wage loss benefits not owed until pension information is received by Plaintiff”. In the second (May 19, 2004) it claimed: “Denying TTD Benefits prior to April 16, 2004. Plaintiff has not provided retroactive pension payment information to calculate potential over payment.”          On August 10, 2004, Plaintiff filed an Application for Mediation or Hearing – Form A, alleging “Defendant agreed to pay workers’ compensation claims and settle all disputes to date. Defendant did not properly pay benefits pursuant to voluntary payment. Defendant is wrongfully recouping funds. Plaintiff requests a penalty. This petition is deemed to encompass all previously filed petitions.”          STIPULATIONS:          The parties requested the matter be tried on stipulated facts, presented by signed pleading to the court:

1. That the parties were present for a trial date on February 19, 2004.

2. That prior to that trial date, Plaintiff had signed papers for disability pension thorough the Michigan Public School Employees Retirement System, but that he had not yet received written confirmation relative to the monthly

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