Pernell v. Your Way Trans., 101306 MIWC, 2006-422

• Case Date: October 13, 2006
• Court: Michigan

DORIS PERNELL, SS# xxx, PLAINTIFF, ALLSTATE INSURANCE COMPANY Intervening Plaintiff, v. YOUR WAY TRANSPORTATION/ UNINSURED Defendant. No. 2006-422 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates October 13, 2006          The social security number and dates of birth have been redacted from this opinion.           PLAINTIFF William S. Stern (P27396)           INTERVENING PLAINTIFF Dennis P. Partridge (P24671)           DEFENDANT Earlene Baggett-Hayes (40268)           OPINION           JOHN J. RABAUT, MAGISTRATE (196), JUDGE          CLAIM          Plaintiff, by Application for Mediation or Hearing – Form A, filed June 21, 2005, alleged a December 7, 2004, date of injury as follows:

Auto accident in course of employment caused injury to neck and back affecting use of both legs and arms. Plaintiff incurring costs for attendant care.

         Allstate Insurance Company, by Application for Mediation or Hearing – C sought as follows:

Now comes Allstate Insurance Company, plaintiff’s Michigan automobile no-fault insurance carrier, and pursuant to Russell v Welcor, 157 Mich.App. 351, hereby claims the right to intervene as a party-plaintiff in the above-subject cause based on Michigan automobile no-fault personal injury protection benefits paid to or on behalf of the plaintiff by Allstate.

         STIPULATIONS          The parties stipulated that, on December 7, 2004, plaintiff and defendant were subject to the Worker’s Disability Compensation Act. That defendant was uninsured. There were no stipulations regarding employment.          Defendant stipulated that a personal injury occurred; however, it denied that the injury arose out of and in the course of plaintiff’s employment on December 7, 2004. Defendant stipulated that plaintiff’s disability was due to her alleged injury.          Defendant received timely notice of the alleged injury. Plaintiff made a timely claim for benefits.          Plaintiff was not engaged in dual employment on December 7, 2004. Plaintiff did not receive benefits that are subject to coordination.          Plaintiff’s average weekly wage on December 7, 2004 was left to proofs. Plaintiff did not receive fringe benefits. Plaintiff’s IRS filing status on December 7, 2004, was “single.” Plaintiff had two dependents.          At trial, the parties stipulated to injury and disability through June 22, 2005. The parties also stipulated that Allstate Insurance Company paid benefits in the amount of $4,138.00 to or on...