Reece v Event Staffing, 2008 ACO #40
The Plaintiff, Travis Reece, alleged injuries to his right shoulder due to repetitive athletic activities as a professional football player. A specific event injury occurring on February 5, 2005 was later added, whereby the claimant alleged that he collided with an opposing player during a tackling maneuver causing and/or aggravating, accelerating and contributing to an injury to his right shoulder.

The magistrate granted the Plaintiff an open award on a finding of a work-related shoulder injury resulting in disability.

On appeal, the Defendants, citing Raybon v DP Fox Holdings, decided July 17, 2007, (Docket No. 268364), argued that the Plaintiff was barred from receiving any worker’s compensation weekly benefits during the off-season, as he was engaged in seasonal employment.

The magistrate relied on the Supreme Court case of Gasparick v H C Price Construction Co., 398 Mich 483 (1976) to award the Plaintiff benefits in the off-season.

In affirming the magistrate’s opinion, the WCAC advised that Gasparick was controlling and that the Raybon case was unpublished and therefore did not have precedential status. In addition, the WCAC noted that the statutes provide that compensation shall be paid for the duration of the disability and that there is nothing in the statutory changes, following Gasparick, which addresses seasonal employment and treats such employees differently.

In his dissenting opinion, Commissioner Przybylo indicates that the Commission’s reliance on Gasparick is in contrast to the most recent Supreme Court decisions. The more recent interpretations allow compensation for actual lost wages reduced by post-injury wage earning capacity. Commissioner Przybylo would have remanded to the magistrate for application of the Raybon standard.