FRANCISCO RIVERA SS# xxx Plaintiff,
v.
TNT LOGISTICS NORTH AMERICA and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Defendants.
No. 2006-397
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
November 14, 2006
The
social security number and dates of birth have been redacted
from this opinion.
TRIAL
DATE This case was tried on November 14, 2006.
PLAINTIFF Andrea L. Hamm (P63345)
DEFENDANTS None
OPINION
JOHN
J. RABAUT, MAGISTRATE (196), JUDGE
CLAIM
Plaintiff,
by Application for Mediation or Hearing – Form A, filed
May 10, 2006, alleged a date of injury of March 27, 2006,
date of injury as follows:
Claimant,
a warehouser, sustained severe and disabling injuries to his
right foot when a heavy rail fell on him. Claimant has been
denied continuing benefits despite the fact he is unable to
drive with a cased right foot. Claimant seeks all benefits
pursuant to the WDCA.
WITNESSES
TESTIFYING AT TRIAL
PLAINTIFF
Francisco
Rivera
DEFENDANT
None
EXHIBITS
PLAINTIFF
1
– Concentra Medical Center report
2
– Henry Ford Health System records
3
– Wage records.
DEFENDANT
None
OPINION
This
case was tried on November 14, 2006, without an appearance
from defendants. This is the fourth hearing date (one
pretrial and three trials). Defendants have not seen fit to
file an answer or an appearance; therefore, I find that they
are in violation of MCL 418.222. Additionally, given that the
agency provided notice to the employer and carrier of the
first pretrial hearing date, I hold that defendants are
responsible for knowing any subsequent trial date. Therefore,
this trial proceeded in their absence.
Plaintiff
was required...
