Julie M. Kenney SS# xxx Plaintiff,
v.
Alticor, Inc./ Self-Insured, And Lakeshore Pet Sitters Plus/ No Record of Coverage, Defendants.
No. 2006-315
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
May 15, 2006
The
social security number and dates of birth have been redacted
from this opinion.
Martha
E. Reamon (P36459), for plaintiff.
Thomas
H. Cypher (P12425), for Defendant Alticor, Inc.
Robert
B. Bettendorf (P30733), for Defendant Lakeshore Pet Sitters
Plus.
ORDER ON MOTIONS
TIMOTHY MCAREE, MAGISTRATE (221G), JUDGE
Background
Information
Plaintiff's
application was tried before Magistrate Donna Grit on July 28
and 29, 2004. In a decision mailed September 29, 2004,
Magistrate Grit awarded medical benefits but denied wage loss
benefits. She also denied defendant's request for
recoupment. That application was appealed to the Appellate
Commission which has subsequently remanded the case back to
the Magistrate level in order to determine whether or not the
plaintiff is "highly credible" so that the
magistrate's previous determination that the plaintiff
had failed to prove her maximum wage earning capacity and the
plaintiff had failed to show that she could not obtain or
perform all jobs suitable to her qualifications and training
as a result of her work-related injury was incorrect, as was
her denial of Alticor's petition to recoup benefits
allegedly overpaid and, furthermore, based upon a
determination of whether or not the plaintiff is "highly
credible" the magistrate's previous determination
that the plaintiff failed to prove wage loss caused by the
work-related injury was likewise in error. Remand is limited
to making a determination pertaining to disability and wage
loss factoring in plaintiff's testimony pertaining to job
seeking effort and the credibility the magistrate assigns to
the testimony.
In the
meantime, the plaintiff filed its current application dated
April 7, 2005, again alleging injury dates of November 1999
to her bilateral elbows and wrists and August 17, 2000 injury
to her bilateral knees. The application indicates that the
claimant has sustained a worsening of her bilateral knee
condition requiring additional and more invasive medical
treatment as well as resultant wage loss and disability.
Defendant...
