Maitner v. Project Rehab, Inc., 091406 MIWC, 2006-275

• Case Date: September 14, 2006
• Court: Michigan

DAVID C. MAITNER SSN: xxx Plaintiff, v. PROJECT REHAB, INC./ACCIDENT FUND INSURANCE COMPANY OF AMERICA, DEFENDANTS. No. 2006-207 September 14, 2006 ORDER No. 2006-275 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates September 14, 2006          The social security number and dates of birth have been redacted from this opinion.           David C. Maitner, In Pro Per.           Roger N. Martin (P54167) for defendants.           OPINION           G. JAY QUIST, MAGISTRATE #192G, JUDGE          CASE SUMMARY          On October 12, 2005, plaintiff filed an Application for Mediation or Hearing – Form A. Plaintiff alleged that work stress triggered depression based on an injury date of August 29, 2005.          The case proceeded to trial in Grand Rapids on September 14, 2006. The sole dispositive issue in this case is whether the plaintiff sustained a work-related mental injury. Because I find that the plaintiff failed to present adequate proofs on this issue, his claim must be denied.          STIPULATIONS          August 29, 2005 Injury Date          The parties stipulated that:

1. They were subject to the Act.

2. The employer was insured by the Accident Fund Insurance Company.

3. The plaintiff was in the employ of the defendant at the time of the alleged personal injury.

4. The employer received timely notice of the plaintiff’s alleged personal injury.

5. The plaintiff filed a timely claim for compensation benefits.

6. The plaintiff’s compensation rate is $471.57 per week.

         LAY WITNESS          David C. Maitner          EXPERT WITNESSES          None          EXHIBITS          Plaintiff          1. Document regarding plaintiff’s case load.          2. E-mails from management regarding case load.          Defendants          None          SUMMARY OF...