Meggison v. County of Charlevoix, 030204 MIWC, 2009-211

Case DateMarch 02, 2004
CourtMichigan
BABETTE J. MEGGISON, SSN: XXX-XX- XXX, Plaintiff
v.
COUNTY OF CHARLEVOIX and CITIZENS MANAGEMENT, INC., Defendants,
No. 2009-211
Michigan Workers Compensation
State of Michigan Department of Energy, Labor & Economic Growth Workers’ Compensation Agency Board Of Magistrates
March 2, 2004
         The social security number and dates of birth have been redacted from this opinion.           HEARING DATES: August 15, 2008 in Gaylord September 29, 2008 in Gaylord October 13, 2008 in Gaylord           For Plaintiff: Edward J. Gallagher, II – P23188           For Defendant: Mark D. Williams – P41120           OPINION ORDER           Thomas G. Moher, Magistrate (222G) Judge.          BRIEFS SUBMITTED:          Plaintiff’s Submitted: December 12, 2008          Defendant’s Submitted: December 22, 2008          STATEMENT OF CLAIM:          Plaintiff alleges that she worked for the County of Charlevoix since 1988. She commenced working as a jail administrator in 1997. At a certain point questions of air quality in the jail arose and following her attempt to address those issues, particularly at a Board of Commissioners meeting, she felt that her concerns were ignored. She alleges that following the commission meetings, her superiors, including the sheriff and the undersheriff, would not speak with her. She was also criticized for allowing the press to view the jail. Subsequent to that event she was advised that a reorganization of the department was in the works. She alleges that at that time she had a concern at this point that she would lose her job.          She alleges that she was subjected to a highly stressful and hostile work environment that resulted in a stress disorder and that she suffers from physical and psychological reaction to the work environment. She left work on March 9, 2007 at which time she held the position of jail administrator. Her employment has allegedly never been terminated as of the dates of the hearings.          WITNESSES TESTIFYING IN PERSON:          For Plaintiff:          Babette J. Meggison Jerry Meggison          For Defendants:          William D. Schneider George T. Lasater Andrew Nay          WITNESSES TESTIFYING BY DEPOSITION:          For Plaintiff:          Brian B. Lehky, Ph.D. on May 23, 2008 – Plaintiff’s Exhibit 1          For Defendant:          Harvey G. Ager, M.D. on June 11, 2008 - Defendant’s Exhibit A          EXHIBITS OTHER THAN DEPOSITIONS:          For Plaintiff:          Plaintiff’s Exhibit 2 – Records of F. James Stewart, M.D.          Plaintiff’s Exhibit 3 – Records of Brian B. Lehky, Ph.D.          Plaintiff’s Exhibit 4 – Various Records of the Office of the Sheriff of Charlevoix County          For Defendant:          Defendant’s Exhibit B – Record of the Office of the Sheriff of Charlevoix County regarding Control Room Air Vents dated December 1, 2004          Defendant’s Exhibit C – Charlevoix County Sheriff’s Dept. Job Description Corrections Administrator – Undated          Defendant’s Exhibit D – Charlevoix County Sheriff’s Dept. Job Description Corrections Administrator Dated January 10, 1996          Defendant’s Exhibit E – Curriculum Vitae of Andrew Paul Nay, M.A., C.D.M.S., C.W.C.P.          Defendant’s Exhibit F – Records of HFA - Hostetler Fontaine & Associates          STIPULATIONS:          The stipulations taken by the Court were as follows:          It was stipulated that the parties were subject to the Act, that the Defendant self-insured carried the risk and that the Defendant employed the Plaintiff.          It was denied that a personal injury arose out of and in the course of employment.          It was stipulated that the employer had notice of the alleged personal injury, that a timely claim for compensation was made and that the average weekly wage excluding fringe benefits was $756.80.          It was denied that the Plaintiff was engaged in dual employment.          It was left to proofs whether the Plaintiff was paid benefits listed in Section 354 or 358 of the Act that are subject to coordination.          It was denied that the Plaintiff was paid weekly workers’ compensation benefits and that any disability is due to the alleged personal injury.          It was left to proofs that the IRS filing status is married/filing jointly and that there was a dependent daughter, Kassandra, date of birth XXX.          SUMMARY OF PLAINTIFF’S LAY TESTIMONY          Babette J. Meggison          Plaintiff, Babette Meggison was employed by the Charlevoix County Sheriff’s Department in excess of 18 years. She started on September 9, 1988 as a corrections officer and dispatcher. Her duties at that time were to dispatch police, fire and ambulance in Charlevoix County. She also supervised inmate processing when they came into the facility, took care of their daily needs and made sure concerning their medical treatment.          Sometime in 1997 she was promoted to jail administrator by George Thomas Lasater, Sheriff. Her position consisted of supervising the jail staff, jail budget and developing a policy and procedure to oversee inmate supervision. She also supervised the jail staff consisting of corrections officers, two cooks, one maintenance person, court bailiff and transport officers. She worked on the budget, policy and procedures. She was not involved in hiring or firing personnel. She was in charge of overseeing inmate care, which involves functioning of the lives of the inmates while they are in custody. She was in charge of determining that they all are receiving proper care, which includes medical care.          She testified that her relationship with the sheriff was very good. She respected him, was a loyal employee and considered him to be a personal friend. She went to his family functions and he attended her family functions.          She also testified that at the time she was hired she was under no physical or mental restrictions, which included any psychiatric or mental health care at that time.          From approximately 1997 until her last day of work of March 9, 2007, she held the position of jail administrator. As part of her position as jail administrator, she attended a four week school which was conducted by the National Institute of Corrections. She testified that the main concern of the state is health and safety of the inmates. She had to make certain that all jail policies complied with state standards. Her direct supervisor was the sheriff and she described that he was the only one that she had to answer or report to with regard to her job. She also understood that somewhere along the line the undersheriff became her supervisor in addition to the sheriff.          She further described that at the end of 2006 and up to the end of November of 2006 her relationship with the sheriff and the ability to operate with him were pretty good. There were a couple of issues, such as problems with the staff, where the chain of command was not followed and it caused her frustration.          She testified that her biggest problem as jail administrator commenced sometime after the year 2000 when the Charlevoix County jail underwent an extensive renovation and addition. The inmate capacity was increased and there were additional facilities in the jail building. The major problem that arose after that expansion was the frustration with the staff due to the air quality in the jail. The staff were prone to becoming sick and were really frustrated. She testified that the problems initially started in 2001 after jail renovations. The capacity of the jail went from 25 to 89. Subsequent to the renovation the staff started relating to her problems with itchy watery eyes, sinus problems, sore throats and headaches and on some occasion they had skin problems that cleared up on their days off. She testified that she supervised about 22 people and that out of the 22 people, 20 of them complained of problems.          In addition to these complaints, she had complaints of her own such as eye infections, constant itchy watery eyes, sinus problems, headaches and sore throats and essentially the same complaints that the other employees had. She testified that she had an eye infection on one occasion and that she had had no prior problems...

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