Miles v Starwood Hotels and Resorts Worldwide, Inc., and Travelers Casualty and Surety Company, 2008 ACO #189
The Plaintiff was being paid weekly wage loss benefits in the amount of $153.30 pursuant to a 2000 order of the Board of Magistrates.

The Defendants filed a Petition to Stop Weekly Benefits on October 3, 2007, alleging that the Plaintiff had failed to appear for independent medical evaluations on three separate occasions. Ultimately, trial was scheduled for April 9, 2008. The Plaintiff did not appear at the hearing and had not requested an adjournment. The Magistrate proceeded with Defendant’s petitions.

MCL 418.385 in relevant part states as follows: “After the employee has given notice of the injury and from time to time thereafter during the continuance of his/her disability, if so requested by the employer or carrier, he or she shall submit himself or herself to an examination by a physician…”

Pursuant to MCW 418.385, the Plaintiff was required to appear from time to time, during the continuance of her disability, if requested by the employer or insurance carrier to submit to a medical examination.

The Workers’ Compensation Appellate Commission notes that on appeal, the Plaintiff did not dispute that she failed to appear for three examinations. However, she did not offer any argument as to why the Magistrate’s decision to grant the Defendant’s Petition to Stop Weekly Benefits should be reversed. She did not offer any argument as to why the Magistrate’s decision should not be reversed other than that she was not feeling well. While the Court indicates that “not feeling well” may or may not justify not appearing at examinations, the Plaintiff did not provide any evidence to support her allegations. The Magistrate’s Order was affirmed.