Johnson v. SUBURBAN MOBILITY AUTHORITY REG. TRANS.
Docket: 133743
Court: Michigan Supreme Court; November 2, 2007; Michigan; State Supreme Court
Original Court Document: View Document
The Michigan Supreme Court issued an order on November 2, 2007, regarding the case involving plaintiff Lynell Johnson and defendant Suburban Mobility Authority Regional Transportation (SMART). The Court denied the motion to strike pleadings and decided to remand the case to the Court of Appeals for consideration as on leave granted, instead of granting leave to appeal the March 16, 2007 order of the Court of Appeals. Justice Corrigan concurred with the remand but noted that the Workers’ Compensation Appellate Commission (WCAC) reversed the magistrate's decision based on flawed legal reasoning. The WCAC claimed that the magistrate's ruling to stop benefits was not backed by expert medical testimony, which Justice Corrigan contended was not legally required. She provided an example where an employee could have their benefits stopped without medical testimony if their actions suggested recovery, such as being videotaped lifting weights. Justice Corrigan referenced the case specifics, pointing out that the plaintiff did not receive treatment for most of 1999 and the defendant's petition to stop benefits was filed in May 2000. She highlighted that the magistrate determined the plaintiff's anger towards the defendant did not disable her from returning to work, noting differing opinions from medical experts. The magistrate favored the opinion of defendant’s expert, Dr. Kezlarian, who questioned the plaintiff's claims due to inconsistencies in her work and treatment history. Overall, the Court emphasized the need for the Court of Appeals to closely examine the WCAC's decision for its reasoning and potential biases.