Al-Mehdi v. Titan Corp., 060106 MIWC, 2006-2

• Case Date: June 01, 2006
• Court: Michigan

RASHAD AL-MEHDI SS# xxx Plaintiff, v. TITAN CORPORATION and ZURICH-AMERICAN INSURANCE CO Defendant No. 2006-2 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates June 1, 2006          The social security number and dates of birth have been redacted from this opinion.           HEARING DATE This matter was scheduled for a motion to dismiss for lack of jurisdiction on May 24^th 2006.           PLAINTIFF BARRIE BRATT (P) 11138           DEFENDANTS ALAN J. GEBAUER (P) 26542           JOY TURNER, MAGISTRATE (226G), JUDGE          CLAIM          Plaintiff, by Application for Mediation or Hearing – Form A, filed on 3/2/05 alleged injury dates of 4/1/03 and 4/8/03 as follows: Claimant during course of employment suffered severe injury to lumbar sacral back with radiating pain into the left lower extremities, head, neck, left knee, left elbow.          Subsequently defendant filed a motion to dismiss for lack of jurisdiction. That motion is hereby granted.          ARGUMENT          Defendant argues that based on the medical histories provided to all the examining doctors that plaintiff was working as an interpreter for the United States Government in the Country of Hungary on a United States Army base at the time of the injury.          Defendant cites 42 USCA 1651 (a) (4) also know as the Defense Base Act as providing for coverage for work related injuries when there is a contract entered into with the United States Government for work performed outside the continental United States. Section 42 USCS (a) (4) 1651 provides for exclusive jurisdiction for any employer for workers compensation regardless of where the contract of hire was made or entered into.          Plaintiff does not dispute the facts defendant alleges with regard to the location of injury or the contract of hire...