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No. 135375
| Patricia D. Brackett, |
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Margaret A. O'Donnell |
Plaintiff-Appellee, |
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(Appeal from Ct of Appeals) |
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(Worker's Comp Appellate Comm) |
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| Focus Hope and Accident Fund Insurance |
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Gerald M. Marcinkoski |
| Company of America, |
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| Defendants-Appellants. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief in Opposition to Application for Leave to Appeal>>
Plaintiff-Appellee's Supplemental Brief>>
Defendants-Appellants' Application for Leave to Appeal>>
Defendants-Appellants' Supplemental Brief>>
Michigan Association for Justice's Amicus Curiae Brief>>
St. Paul Fire & Marine Insurance Co.'s Amicus Curiae Brief>>
Background
When Patricia Brackett was hired by defendant Focus Hope, she was informed that it is mandatory for all Focus Hope employees to attend an annual Martin Luther King, Jr. Day celebration. In 2002, in an effort to promote Focus Hope’s goal of racial reconciliation, the celebration was to be held in Dearborn, Michigan. Brackett objected to attending the celebration at that location, as did dozens of other Focus Hope employees. Brackett informed her immediate supervisor that she would not attend. After the celebration, Focus Hope’s CEO, Eleanor Josaitis, disciplined Brackett for her decision. Brackett suffered a major depression as a reaction to this disciplinary action and remains totally disabled. She filed a petition for worker’s compensation benefits. Focus Hope and its insurance company opposed her claim, arguing that Brackett was injured by reason of her “intentional and wilful misconduct” and therefore was not entitled to receive benefits, MCL 418.305. A worker’s compensation magistrate found that Brackett’s mental condition arose from actual events of employment, that her perception of these events was reasonable, that her condition had been significantly aggravated by work, and that she continued to be totally disabled. The magistrate agreed with the defendants that Brackett “actually did willfully not attend” the Martin Luther King, Jr. Day celebration. But he rejected the defendants’ claim that Brackett’s refusal to attend the celebration and her reaction to the ensuing disciplinary action meant that she was injured as a result of “intentional and wilful misconduct” within the meaning of MCL 418.305. Focus Hope and its insurance carrier appealed to the Workers’ Compensation Appellate Commission, which affirmed the magistrate’s ruling. The Court of Appeals also affirmed, in an unpublished opinion. Focus Hope and its insurance carrier appeal.
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