Cook v. Hearthside, Inc.

Plaintiff appeals as of right from a decision and order of the Wayne Circuit Court dismissing plaintiffs complaint and motion for entry of judgment.

Plaintiff was injured while in the course of her employment with defendant employer, The Hearthside, Inc. Following her injury, she filed a petition for penalties pursuant to the Workers’ Disability Compensation Act, alleging that, in paying workers’ compensation, defendant had not selected the highest thirty-nine weeks of earnings of the fifty-two weeks preceding the injury, as required by MCL 418.371(2); MSA 17.237(371)(2). In an opinion and…