Paris v State of Michigan, 2009 ACO #84
The Commission remanded this matter to the magistrate for further analysis regarding wage-earning capacity following additional proofs from the litigants. The plaintiff was a police officer that was injured in a motor vehicle accident while on patrol. The plaintiff had a bachelor’s degree in law enforcement and a master’s degree in Biblical studies prior to the injury. In light of the plaintiff’s “experience, education, and skill,” the magistrate must define the work suitable for the plaintiff and determine what wage earning capacity the plaintiff had at the time of the injury and determine whether he suffered a limitation in that wage-earning capacity pursuant to Stokes (i.e. disability).

Key point: the field of work suitable to plaintiff’s qualifications and training is determined by the facts as they exist at the time of the injury. However, obtaining additional qualifications and training post-injury is still relevant for offers of reasonable employment or to demonstrate a reduction in the amount of benefits an employer is obligated to pay.