Failure to prove Michigan jurisdiction stalls driver's claim for Ohio injury
Brewer v. AD Transport Express Inc., 23 MIWCLR 23 (Mich. W.C.A.C. 2008).
Ruling: The Michigan Workers' Compensation Appellate Commission affirmed an order dismissing a truck driver's petition for lack of jurisdiction over his Ohio injury. The driver did not establish that his contract of hire occurred in Michigan.
What it means:
In order for the Michigan workers' compensation agency to have jurisdiction over out-of-state injuries, an injured worker must establish that he is a Michigan resident and the contract of hire occurred in Michigan. In this case, the driver failed to provide any information about the circumstances or location of the contract of hire.
A truck driver resided in Michigan and made deliveries in Michigan and Ohio. He injured his back while making a delivery in Ohio. The employer claimed that the contract was not made in Michigan, and therefore, the driver could not collect Michigan workers' comp benefits.
His employer had a facility in Michigan, and his payroll and employment records reflect a Canton, Mich., address. However, there was no testimony or documentation that established where the contract of hire was made.
The commission noted that the driver failed to establish where he filed an employment application, with whom he spoke at the trucking company, when he was hired, where his preemployment physical took place, or how many physical locations the employer had when he was hired. Because the injury occurred out of state and the location of the contract of hire was not established, the petition for jurisdiction was dismissed.
April 9, 2009
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