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No. 120220
| Ronald
G. Sweatt, |
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James P. Harvey (313) 961-7363 |
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Plaintiff-Appellee,
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| vs (Appeal
from Ct of Appeals) |
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(Worker's
Comp Appellate Comm)
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Department of Corrections,
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Thomas L. Casey |
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Defendant-Appellant.
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Gerald M. Marcinkoski (248) 433-1414 |
Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Defendant-Appellant's Reply Brief>>
Libner, VanLeuven, Evans, Portenga & Slater, PC, Amicus
Curiae Brief>>
Libner, VanLeuven, Evans, Portenga & Slater, PC, Amicus
Curiae Supplemental Brief>>
Background
Ronald Sweatt, a corrections officer, injured his right knee in December
1989 when he intervened in a fight between prisoners. The Department
of Corrections paid worker’s compensation to him, rather than
offer him other employment, because the department had a policy that
only corrections officers who were 100 percent fit for duty could return
to work. In 1995, Sweatt was imprisoned in Jackson Prison after he was
convicted of a felony. As provided by the Worker's Compensation Disability
Act, the department suspended worker’s compensation benefits while
Sweatt was in prison. In 1995, the department ended its policy of requiring
employees to be 100 percent fit for duty. Accordingly, Sweatt would
have been eligible for reemployment if he had not been in prison. On
March 25, 1996, a new law went into effect; the statute provides that
the Department of Correction cannot employ anyone who has been convicted
of a felony or is facing felony charges. Ultimately, Sweatt was released
from prison and did obtain work elsewhere, although he earned less than
he had earned working for the department. Sweatt sought ongoing benefits.
The department argued that it was not liable to pay Sweatt benefits
because of his felony, which made it impossible for the department to
employ him. A worker's compensation magistrate awarded benefits to Sweatt,
and the award of benefits was affirmed by the Worker's Compensation
Appellate Commission and the Court of Appeals. The department appeals.
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