DENNIS NORTHOUSE SSN: xxx Plaintiff,
v.
SECOND HARVEST GLEANERS FOOD BANK OF WEST MICHIGAN/ SELECTIVE INSURANCE COMPANY OF THE SOUTHEAST, DEFENDANTS.
No. 2006-341
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
November 22, 2006
The
social security number and dates of birth have been redacted
from this opinion.
Jon M.
Smits (P65373) for plaintiff.
Garrett J. Tenhave-Chapman (P44604) for defendants.
OPINION
G. JAY
QUIST, MAGISTRATE #192G, JUDGE
PROCEDURAL
HISTORY AND CASE SUMMARY
This
case originally proceeded to trial before me in September
2005. I issued an opinion which was mailed in October 2005
finding that the plaintiff sustained a low back injury
arising out of his employment on July 22, 2002. I found that
the plaintiff was disabled and granted him an open award of
benefits. That opinion is on appeal pending before the
Workers’ Compensation Appellate Commission.
This
case is presently pending before me based on two petitions.
On November 16, 2005, plaintiff filed a petition requesting a
penalty. That petition was withdrawn at the request of
plaintiff’s counsel.
On May
26, 2006, defendants filed an Application for Mediation or
Hearing – Form C. Defendants alleged that the
plaintiff’s benefits should be suspended because he
failed to appear for three functional capacity evaluations
(FCEs) scheduled by the defendants.
The
case proceeded to trial on November 20, 2006, in Grand
Rapids. The sole issue is whether the plaintiff’s
benefits should be suspended because he failed to attend
three FCEs at the request of the defendants. Based on the
plain language of Section 385 of the Act, and the evidence
presented, I find that the plaintiff’s benefits should
not be suspended. Therefore, defendants’ petition must
be denied.
EXHIBITS
Plaintiff
None.
Defendants
A.
Functional capacity evaluation notices.
...
