Jerinic v. Accurate Roll Engineering Corp., 032110 MIWC, 2011-138

• Case Date: March 21, 2010
• Court: Michigan

STANISLAV JERINIC, SSN: XXX-XX- XXX, Plaintiff, v. ACCURATE ROLL ENGINEERING CORPORATION, MICHIGAN MILLERS MUTUAL INSURANCE, Defendants. No. 2011-138 Michigan Workers Compensation State Of Michigan Department Of Energy, Labor And Economic Growth Workers’ Compensation Agency Board Of Magistrates March 21, 2010          The social security number and dates of birth have been redacted from this opinion.           PLAINTIFF Steven H. Stilman (P-46902)           DEFENDANT Michael D. Sanders (P-35648)           DAVID M. KURTZ, JR, MAGISTRATE JUDGE          PROCEDURAL HISTORY AND CLAIM          This is a dispute over vocational rehabilitation. Defendant filed a Petition for Non-Cooperation with Vocational Rehabilitation in July 2006. After a hearing before Mediator Burden, Mr. Jerinic was referred to Michigan Rehabilitation Services for an evaluation to determine the efficacy of referring claimant to a work transition program designed by Jewish Vocational Services.          In May 2008 Defendant filed an Application for Mediation or Hearing -Form C alleging non-cooperation with vocational rehabilitation, as follows:

This matter was the subject of a vocational rehabilitation hearing on February 6, 2007 before Mediator Thomas Burden. Mediator Burden concluded that a referral to Michigan Rehabilitation Services would be “beneficial and appropriate” in this case.

Consequently, Mediator Burden indicated that “claimant is referred to Michigan Rehabilitation Services for the evaluation outlined above and Michigan Rehabilitation Services will issue its findings to both parties upon conclusion of its assessment. Defendant will pay for all costs attended to securing the Michigan Rehabilitation Services assessment.” (See attached exhibit 1)

The defendant carrier referred the claimant to Michigan Rehabilitation Services in accordance with the Rehabilitation Order. Defendant attaches hereto correspondence dated March 26, 2007; May 31, 2007; June 1, 2007; and July 25, 2007 (exhibits 2 through 5). Michigan Rehabilitation Services has completely failed to conduct the evaluation required by Mediator Burden’s February 6, 2008 Order. The personnel at Michigan Rehabilitation Services have failed to respond to telephone and written inquiries from personnel at Michigan Millers Mutual Insurance Company.

Defendant respectfully requests that a new rehabilitation order be issued and that David Huntington, the previously assigned rehabilitation consultant, be reassigned to this matter.

         On July 29, 2008 Mediator Thomas Burden issued a Vocational Rehabilitation Order dismissing the matter because no one appeared for the hearing. There is no evidence that a request for reinstatement or an appeal of the dismissal was filed. The face of the Agency file, however, shows that the Form C petition was reinstated. The Agency file contains a Notice of Hearing dated August 25, 2008 scheduling a rehabilitation hearing for September 29, 2008. A copy of Defendant’s Form C is attached to the...