WENDY OWCZARSKI V CITIZENS BANK

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STATE OF MICHIGAN COURT OF APPEALS WENDY OWCZARSKI, UNPUBLISHED February 11, 2003 Plaintiff-Appellant, V No. 240993 Worker’s Compensation Appellate Commission LC No. 01-000274 CITIZENS BANK, Defendant-Appellee. Before: Sawyer, P.J., and Jansen and Donofrio, JJ. MEMORANDUM. Plaintiff appeals by leave granted from the order and opinion of the Worker’s Compensation Appellate Commission reversing the magistrate’s imposition of a $1,500 penalty on defendant for its late payment under a voluntary pay agreement. We reverse and reinstate the magistrate’s decision in light of this Court’s decision in Morley v General Motors Corp, 252 Mich App 287; 651 NW2d 808 (2002), where this Court held that voluntary pay agreements are enforceable and penalties for nonpayment may be imposed under the worker’s compensation act, MCL 418.801(2). Reversed. /s/ David H. Sawyer /s/ Kathleen Jansen /s/ Pat M. Donofrio -1-

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