Raybon v D.P. Fox Football Holdings, LLC, Court of Appeals No. 268634 (July 17, 2007, unpublished)
The Plaintiff alleged that he suffered from work-related plantar fasciitis, was in need of medical treatment and was disabled, for a finite period of time. He also suffered a minor MCL sprain that limited his ability to play football and required medical treatment. The Plaintiff was granted benefits for two closed periods.
The Defendant argued that was unfair to extend benefits beyond the normal arena football season. The magistrate held that the Plaintiff should not be treated any differently than other Michigan seasonal workers, be they school teachers, life guards, restaurant workers in resort towns, etc.
The magistrate, citing Branch v Flint Board of Education, 1991 ACO 140; Dube v Industrial Maintenance Services, Inc., 1999 ACO 480, advised that a seasonal worker's entitlement to wage loss benefits extends through the period of disability.
The WCAC affirmed the magistrate's opinion and indicated that Gasparick was controlling in that a seasonal worker, who sustains a work-related injury in season, is entitled to weekly disability benefits during off-season periods or even year-round.
The Defendants appealed to the Court of Appeals. In an unpublished opinion, the Court of Appeals held that the Plaintiff's loss of wages must be attributable to his work-related injuries rather than to the end of the football season and that he cannot receive wage loss benefits for time in the off-season when he would not be otherwise earning wages.
Therefore, if a seasonal employee is employed elsewhere during the off-season, and the work-related injury during the in-season disables that employee from performing work in the off-season, that employee is entitled to weekly wage loss benefits. Conversely, if an employee is not typically employed during the off-season, the employee would not be entitled to weekly wage loss benefits during the off-season season.
Publication was requested by the Defendant in this case and was denied.
