Recent Cases - Mental Disabilities and Attorney Fees on Medical Expenses

Court of Appeals

Mental Disabilities and Attorney Fees on Medical Expenses

In the unpublished decision, Brackett v Focus Hope (CA Docket No. 274078, rel’d October 23, 2007), the Court of Appeals addressed a mental disability claim and a claim that the employer is responsible for plaintiff’s attorney fee on unpaid medical expenses.

The employee worked for Focus Hope and was told at the outset of her employment that employees were expected to participate in Focus Hope’s annual Martin Luther King Day celebration. After her hire, the employee did not participate in the celebration because she disagreed with the locale chosen for the celebration that year. The employee said she became mentally disabled as a result of being confronted by the employer regarding her decision not to participate in the event. She prevailed before the Magistrate and Workers’ Compensation Appellate Commission on her mental disability claim, as well as her claim that the employer was responsible for paying attorney fees on unpaid medical expenses.

The Court of Appeals affirmed in both respects. The Court said a reasonable person on an objective basis could perceive being confronted about non-attendance as harassment or an untoward act by the employer under Robertson v DaimlerChrysler Corp, 465 Mich 732; 641 NW2d 567 (2002). And, the Court rejected the employer’s argument that the employee’s intentional non-attendance constituted intentional and wilful misconduct under MCL 418.305.

With respect to the attorney fee question, the Court said it would defer to the Appellate Commission’s construction of the last sentence of MCL 418.315(1) to the effect that a Magistrate may order the employer to pay attorney fees on unpaid medical expenses.