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Sonoc v. University Convalescent & Nursing Home8/20/1999
FOR PUBLICATION
May 21, 1999 9:25 a.m.
Workers' Compensation Appellate Commission
Updated Copy
The Supreme Court, in lieu of granting leave to appeal from the September 5, 1996, unpublished order of this Court (Docket No. 193001) denying leave to appeal the decision of the Worker's Compensation Appellate Commission (WCAC), remanded this matter to this Court for consideration as on leave granted. 455 Mich 866 (1997). On remand, this Court is to address the seeming conflict between our prior unpublished order of May 17, 1994, and the WCAC's decision of January 30, 1996. Further, we are to decide the following questions:
"(1) Whether the WCAC erred in finding that the plaintiff did not request to have her favored work job back after losing the job for which she left her favored work on March 18, 1981?"
"(2) Whether the WCAC erred in concluding the plaintiff was required to explicitly ask to have her favored work job back as a condition for receiving worker's compensation benefits, where it was established at the 1981 hearing on her claim for benefits that she still was disabled and no longer was employed?"
"(3) Whether the plaintiff's testimony at the hearing was sufficient to satisfy the necessity of a request for reinstatement, as suggested in the May 17, 1994, order of the Court of Appeals?"
"(4) Whether, assuming the plaintiff was required to explicitly request reinstatement and failed to do so, she should be permanently disqualified from receiving worker's compensation benefits on the basis that she unreasonably refused to perform favored work? [Id.]"
This case has a tortured history reaching back to 1979, the year of plaintiff's original work-related injury. Plaintiff began working for University Convalescent & Nursing Home, Inc. (hereafter defendant) as a nurse's aide in 1979. During the course of her employment in 1980 she injured her back while moving a patient into a bed. This injury was primarily an aggravation of a previous injury that occurred in 1979. The extent of her injuries prompted a physician's recommendation that her return to work be contingent on restrictions on bending and lifting.
In July 1980, plaintiff was given the part-time job of feeder. This job required plaintiff to pass out dinner trays, feed patients, and collect the trays after dinner. In November 1980, plaintiff began working on a full-time basis. Her duties were increased by requiring her to take vital signs, shave male patients, and occasionally assist other aides. In January 1981, defendant made plaintiff a light-duty nurse's aide. This was essentially her original position before 1980, but with less lifting involved. Plaintiff was not able to perform the duties of a light-duty nurse's aide and repeatedly fell behind in her assignments.
On March 18, 1981, plaintiff voluntarily quit her job and accepted a position as a private-duty aide in the home of one of defendant's former patients. Within a short time, plaintiff was not able to perform additional tasks her new employer required, such as washing floors and shelves. She was then discharged. At the time of the hearing, plaintiff was working as a baby-sitter.
The hearing was held before magistrate Joseph L. Chylinski. On January 19, 1982, the magistrate awarded plaintiff worker's compensation benefits from defendant insurer Reliance Insurance Company and ordered defendants to provide necessary medical care and treatment to plaintiff. Defendants appealed and on November 19, 1986, the Worker's Compensation Appeal Board (WCAB) terminated plaintiff's worker's compensation benefits from the date she voluntarily resi
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