Myszkier v. Crystal Carriers, Inc., 072506 MIWC, 2006-345

• Case Date: July 25, 2006
• Court: Michigan

Ranold Myszkier SS# xxx Plaintiff, v. Crystal Carriers, Inc. Zurich-American Insurance Company Defendant. No. 2006-345 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates July 25, 2006          The social security number and dates of birth have been redacted from this opinion.           HEARING DATE: July 25, 2006           William V. Biebuyck (P66159), attorney for the Plaintiff           J. Patrick O’Neill (P40057), attorney for the Defendant           L. William Smith (P27029), attorney for Second Injury Fund (Vocationally Handicapped Provisions)           OPINION           PAUL PURCELL, MAGISTRATE (224G), JUDGE          NATURE OF MOTION:          This case came on to be heard on the Motion of the Second Injury Fund (Vocationally Handicapped Provisions) that any claim against it be dismissed based upon the failure of the employer to notify the fund of its employment of a vocationally handicapped person at the time of hire or within sixty days after the first day of the vocationally disabled person employment or before the vocationally disabled person claims injury during the course of employment.          DISCUSSION          The parties have agreed that Ranold Myszkier was issued a “wallet card” from the Michigan Rehabilitation Services on December 1, 1998. He was then hired by Crystal Carriers, Inc. on January 1, 1999. Had the employer then notified the “certifying agency” of the employment, or notified the “certifying agency” before Mr. Myszkier’s alleged dates of injury of December 9, 2003 and February 4, 2004, of the employment, then it would be afforded rights under the Act and the Vocationally Handicapped Provisions of the Second Injury Fund would be applicable and the employer would be limited in its liability.          The parties have...