Kevin v. B. Spencer Construction, 062805 MIWC, 2006-173

• Case Date: June 28, 2005
• Court: Michigan

Hardrick, Kevin, SS# xxx, Plaintiff v. B. Spencer Construction, Accident Fund Insurance Company of America and Second Injury Fund (Dual Employment Provision Defendant No. 2006-173 Michigan Workers Compensation State of Michigan Department of Labor and Economic Growth Board of Magistrates June 28, 2005          The social security number and dates of birth have been redacted from this opinion.           Hearing Date: August 7, 2006; September 26, 2006           Alleged Date of Injury: June 3, 2004           Thomas Hay (P14761) for Plaintiff           Richard R. Weiser (P22137) for Defendant           Philip I. Frame (P38737) for Second Injury Fund (Dual Employment Provision)           GARRY GOOLSBY 228G, JUDGE          Statement of Claim: Cave-in pinned employee against wall injuring neck, low back, right knee and shoulder resulting in current ongoing disability; currently disabled and seeking benefits from Second Injury Fund for loss of income from Michigan National Guard duty.          Lay Witnesses:          Major John Wojcik          Chief Warrant Officer Keli Algren          Exhibits:

Plaintiff’s #1 – Notification of Medical Disqualification

Plaintiff’s #2 – Request for Non-Duty Retirement Physical Evaluation

Plaintiff’s #3 – Independent Medical Report of John N. Flood

Plaintiff’s #4 – Medical Records of Nilesh Kotecha, M.D.

Plaintiff’s #5 – Medical Records of Harold Roth, D.O.

Plaintiff’s #6 – Medical Records of Sparrow Hospital

Defendant’s A – Kevin Hardrick Pay Information

Defendant’s B – Ingham County, Friend of Court Lien

Defendant’s C – Accident Fund Company Wage Detail Information

Defendant’s D – Military Personnel Records Jacket United States Army

         Depositions: None          Stipulations: The stipulations of the parties were made part of the record (see stipulation sheet).          Lay Testimony          Major John J. Wojcik, general counsel for the Michigan National Guard, stated he has held his position for the past four years. The witness testified all funds for payment of the members of the National Guard who participate in inactive or active duty training come from the federal government. The Major explained the inactive training would include the one weekend per month training that most individuals are most familiar with and pay for that period is calculated differently than for active duty pay, i.e. the two week training period National Guardsmen participate in each year.          Major Wojcik testified for each full day of inactive duty training service, a soldier receives two days credit. He indicated that...