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...