Powell v Rumble Logistics, Inc., 2008 ACO #97
The issue is whether or not the Michigan Workers’ Compensation Agency had jurisdiction over the Plaintiff.

MCL 418.845 states as follows: “The Bureau shall have jurisdiction over all controversies arising out of injuries suffered outside this state where the injured employee is a resident of this state at the time of injury and the contract of hire was made in this state.”

The facts of this case indicate that in May of 2003, the Plaintiff lived in Michigan in his mother’s home. At that time, he drove a truck requiring him to travel. His job precipitated a relationship with his future wife, who also drove a truck. When the Plaintiff decided to marry in July of 2003, he placed some of his belongings in storage and took his clothing to Texas, where his wife resided. The Plaintiff then lived in his wife’s home in Texas. He testified that they planned to sell the home in Texas and move back to Michigan. However, he did not state where the couple planned to reside in Michigan.

In November of 2003, the Plaintiff suffered a work related injury in California while driving. After the injury, he returned to his wife’s home in Texas. He received treatment in Texas. When requesting treatment, he declared Texas as his residency. In February of 2004, his marital relationship ended. He then moved back to Michigan.

The Magistrate concluded that the Plaintiff failed to prove that he was a Michigan resident when he suffered his injury in California. The Workers’ Compensation Appellate Commission upheld the Magistrate’s finding and held that the Magistrate properly concluded that the Plaintiff failed to prove his Michigan residency at the time of injury. When the Plaintiff suffered his injury, he did not have a permanent home in Michigan. Before his injury, he moved his clothes to Texas, and stored other items. The Plaintiff never declared that he possessed a permanent home in Michigan. The Appellate Commission advised that the relevant inquiry concerned whether or not the claimant had affirmatively established his Michigan residency, which as noted above, he did not.