Hope v. Welch Grape Juice Co., Docket No. 14764
Decision Date | 29 March 1973 |
Docket Number | Docket No. 14764,No. 2,2 |
Citation | 207 N.W.2d 476,46 Mich.App. 128 |
Parties | Wilma M. HOPE, Plaintiff-Appellant, v. WELCH GRAPE JUICE COMPANY, and Royal Globe Insurance Company, Defendants-Appellees |
Court | Court of Appeal of Michigan — District of US |
Thomas P. Mitchell, Rapaport, Siegrist, Sablich & Mitchell, Lansing, for plaintiff-appellant.
Sherman H. Cone, Cholette, Perkins & Buchanan, Grand Rapids, for defendants-appellees.
Before R. B. BURNS, P.J., and T. M. BURNS and PETERSON, * JJ.
Plaintiff worked for defendant Welch Grape Juice Company 19 years. On November 18, 1966 she slipped and fell during the course of her employment. Defendant voluntarily paid compensation for 90 weeks through August 8, 1968.
On August 18, 1969, a hearing was held at which time the referee awarded compensation from November 18, 1966 to August 18, 1969, with credit for compensation voluntarily paid, until further order of the bureau. Defendant appealed to the Workmen's Compensation Appeal Board which modified the decision of the hearing referee by terminating compensation payments as of August 18, 1969. From this decision the plaintiff appeals.
The sole issue presented on appeal is:
Was there any evidence in the record to support the findings of fact made by the Workmen's Compensation Appeal Board that plaintiff was not entitled to a continued award of workmen's compensation benefits because of a refusal by plaintiff to accept a bona fide offer of employment made by the employer, which employment was within her capacity to perform?
An injured employee who refuses to accept an offer of employment for 'favored work', which said employee is capable of performing, is not entitled to workmen's compensation benefits. Lynch v. Briggs Manufacturing Co., 329 Mich. 168, 45 N.W.2d 20 (1950).
The following testimony is that of Bruce Martin, Personnel Supervisor of defendant:
'Q. (by defendant's attorney): Dr. Hodgman has testified in this case that in his opinion she can do any work that doesn't stress her back, doesn't cause stress to her back, doesn't require that she stand or sit for long periods of times. Do you have work of that type at Welch's that can be given to Mrs. Hope?
'A. I believe we do, yes sir.
'Q. Is the job of label inspector, requiring inspection of the jars, still open and can that be given to Mrs. Hope?
'A. Yes, I think I could arrange to have her assigned to that job.
'Q. And as far as you are concerned, the job on case rework has been available to Mrs. Hope since January, of 1969, when she was given a leave of absence?
'A. Yes.
'Q. And can it be made absolutely clear if necessary, Mr. Martin, that Mrs. Hope doesn't have to do lifting of 30 and 40 pounds when she comes back to work? Can that be made clear to the Union and to fellow employees?
'A. Yes, sir.
'Q. Are you at this time offering Mrs. Hope this work if she wants it?
'A. The offer has been available since her injury as far as I am concerned.
'Q. Mrs. Hope has testified that she is Number 3 lady in seniority grouping. What does that mean in terms of being able to have almost any job in the plant she wants that women do?
'A. Our seniority system is such that you use your seniority to get semi-guaranteed jobs, guarantee whenever we need those people to work on certain jobs. She has seniority that She could probably work the highest skill or the highest-paid preferred jobs that aren't held by what we phrase 'bid job holders'.
'Mr. Allison: I have nothing further.
'Cross-Examination
'
'
'A. 150 pounds.
'Mr. Allison: He can give the job on the days, that is being offered now.
'Mr. Mitchell: Let the witness answer.
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