Recent Cases - Necessity to Prove “Current Wages” at Suitable Jobs

Workers' Compensation Appellate Commission

Necessity to Prove “Current Wages” at Suitable Jobs

In Hogle v DaimlerChrysler Corp, 2007 ACO #233, the employer appealed an open award of benefits. The employer contended the Magistrate failed to evaluate, for “disability” purposes, the economic impact of the employee’s physical limitations from his work injury.
The Appellate Commission agreed with the employer but did not reverse the case. Instead, the Commission remanded the case “because the law changed” – the Court of Appeals had released Stokes v DaimlerChrysler Corp, 272 Mich App 571; 727 NW2d 637 (2006) – after the Magistrate’s trial.

The Commission said that the proofs offered by the employee could not sustain an award because:

he failed to prove that could not physically perform his prior jobs as a result of his work-related injury. Plaintiff testified that he could not perform his prior jobs. He offered nothing more. He failed to introduce any evidence that linked his inability to perform those jobs to his work injury. In fact, he offered no reason that he could not perform those jobs. He did not provide any information that detailed the physical requirements of his prior jobs. … Plaintiff’s failure to introduce sufficient evidence on the issue mandates a conclusion that he failed to prove that he could not physically perform his prior jobs.

The Commission remanded saying “current” wage information at other suitable work is needed:

Stokes requires plaintiff to introduce evidence that establishes a current wage for every job he previously performed. Plaintiff failed to offer that proof. His testimony that he did not earn comparable wages does not satisfy the standard. However, because the law changed after his hearing, due process protects him and allows him an opportunity to introduce that evidence. (Emphasis added).