Jordan v. Dep’t. of Health & Human Servs. (Opinion on Application - Remand to TC)
Annotate this CaseHelen Jordan, a nurse who was formerly employed by the predecessor to the Michigan Department of Health and Human Services, challenged in the Michigan Compensation Appellate Commission (MCAC) the decision of a magistrate that she was not entitled to disability benefits under the Worker’s Disability Compensation Act (WDCA). In 1995, plaintiff was working for defendant’s predecessor when she was injured during an altercation with a patient. Plaintiff was prescribed opioid medication to treat leg and back pain that she said resulted from the 1995 injury, and she used the opioid medication continuously after the incident and became dependent upon it. Plaintiff began receiving disability benefits under the WDCA in 1996. In 2015, plaintiff underwent an independent medical examination at defendant’s request pursuant to MCL 418.385. The doctor who conducted the examination concluded that any disability experienced by plaintiff was not the result of the 1995 incident, and defendant subsequently discontinued plaintiff’s benefits. Plaintiff applied for reinstatement of her benefits under the WDCA. The Michigan Supreme Court determined the agency record was too incomplete to facilitate “meaningful” appellate review: “Despite the MCAC’s conclusion, whether the experts agreed that plaintiff had a limitation of her wage-earning capacity in work suitable to her qualifications and training was not clear from the record.” Therefore, the Court concluded the Court of Appeals erred by deciding this case as a matter of law because further administrative proceedings were needed.
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