Leonard v. Adecco, Inc., 012406 MIWC, 2006-293

• Case Date: January 24, 2006
• Court: Michigan

BRIAN D. LEONARD SSN: xxx Plaintiff, v. ADECCO, INC./INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, DEFENDANTS. No. 2006-227 October 10, 2006 ORDER No. 2006-293 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates January 24, 2006          The social security number and dates of birth have been redacted from this opinion.           Roy J. Portenga (P33101) for plaintiff.           Arthur G. Kirchner (P26875) for defendants.           OPINION           G. JAY QUIST, MAGISTRATE #192G, JUDGE          CASE SUMMARY          On July 5, 2005, plaintiff filed an Application for Mediation or Hearing – Form A. Plaintiff alleged that he suffered an injury to his right knee during the course of his employment with Defendant Adecco, Inc., on May 20, 2005.          On January 9, 2006, plaintiff filed two separate petitions. Plaintiff filed a petition against Forge Industrial Staffing, Inc., alleging an injury date of November 14, 2005. Plaintiff’s counsel agreed to withdraw that petition and an order dismissing the petition was signed on January 24, 2006. Plaintiff also filed an amended petition against Adecco alleging a new injury date of July 1, 2005. Plaintiff agreed to dismiss that injury date at trial.          The case proceeded to trial in Grand Rapids on October 5, 2006. The sole dispositive issue is whether plaintiffs claim is barred by his intentional and wilful misconduct. Because I find that the plaintiffs injury was the result of his intentional and wilful misconduct, his claim for benefits must be denied. STIPULATIONS          May 20, 2005 Injury Date          The parties stipulated that:

1. They were subject to the Act.

2. Defendant Adecco was insured by the Insurance Company of the State of Pennsylvania.

3. Plaintiff was in the employ of Adecco at the time of the alleged personal injury.

4. Adecco received timely notice of the plaintiffs alleged personal injury.

5. Plaintiff filed a timely claim for compensation benefits.

6. Plaintiffs average weekly wage, excluding fringe benefits, is $170.46 per week.

7. Plaintiff was disabled from May 20, 2005 to June 2, 2005.

8. Plaintiffs IRS filing status is single with two dependents.

         LAY...