In an unpublished opinion released yesterday (Tatar v. Ryder.OPN), the Court of Appeals affirmed the Michigan Compensation Appellate Commission’s decision to overturn a closed period award of workers’ compensation benefits. The Commission ruled Plaintiff’s failure to meet his burden of proof under Stokes, that he was unable to find jobs that remained within his qualifications and training, prevented him from being eligible for benefits even during a closed period of disability. The Court affirmed the Commission’s decision, holding claimants must go through the Stokes proofs even for closed periods before benefits can be awarded. Since the claimant provided no evidence of any job search for jobs that remained within his abilities, qualifications and training, even during the closed period, the Commission’s reversal of the award was affirmed.
Workers’ Compensation Claimants Must Establish “Stokes” Evidence Even for Closed Period of Disability
Published by Carson J Tucker, JD MSEL
Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs. Board of Directors, Michigan Defense Trial Counsel Amicus Committee Co-Chair, Michigan Defense Trial Counsel Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia. United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003 Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board. View all posts by Carson J Tucker, JD MSEL
Amicus Curious 