ERIC KELLER SS# xxx Plaintiff,
v.
MAUER CONSTRUCTION UN-INSURED DEFENDANT.
No. 2006-229
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Board of Magistrates
November 9, 2006
The
social security number and dates of birth have been redacted
from this opinion.
Plaintiff Michael Roth (P41411)
Defendant No Appearance
OPINION
JOHN
RABAUT, MAGISTRATE (196G), JUDGE
CLAIM
Plaintiff,
by Application for Mediation or Hearing – Form A, filed
August 30, 2005, alleged a June 20, 2005, date of injury as
follows:
Claimant
fell from roof resulting in fractured right wrist and
fractured right foot
WITNESSES
TESTIFYING AT TRIAL
Plaintiff
Eric
Keller
Defendant
None
EXHIBITS
Plaintiff
1-
Correspondence to defendant.
2-
Battle Creek Health System Discharge Summary
Defendant
None
OPINION
This
case was tried on November 9, 2006. Defendant, an uninsured
employer, failed to appear at trial despite multiple
correspondence from plaintiff’s counsel. Additionally,
defendant failed to appear at any of the hearing dates
despite notification from the Agency.
Based
on Motion from plaintiff’s attorney, I find that
defendant has willfully failed to comply with mediation and
requests for production of documents that are required under
MCL 418.222 and 418.223. I therefore order that defendant is
barred from proceeding in this matter – not that it is
of any great concern given defendant’s willful failure
to appear.
Additionally,
I find that defendant has failed to comply with a subpoena
duly issued and served from this Agency. I, therefore, hold
defendant in contempt of the Act and these proceedings, and I
Order plaintiff to submit this Contempt Order to a Court of
competent jurisdiction to have...
