Meggison v County of Charlevoix, 2009 ACO #199
The Appellate Commission remanded this matter back to the magistrate following an open award that was granted to the plaintiff for an emotional injury arising out of and in the course of her employment. The Commission noted that where a magistrate fails to analyze a case under Stokes, it must be remanded for additional analysis consistent with that legal frame work. Further, if the proofs obtained by the litigants are insufficient for a Stokes analysis, it is appropriate for the magistrate to allow the parties to present additional testimony pursuant to Curtiss v Curtiss Reporting, 2009 ACO #9.
