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USE OF INTERROGATORIES TO OBTAIN INFORMATION REGARDING QUALIFICATIONS AND TRAINING

In Nessel v Schenck Pegasus Corp., 2003 Mich ACO 272, the Workers’ Compensation Appellate Commission held that workers’ compensation magistrates have broad discretion to determine, on a case-by-case basis, whether an employer can submit written questions (interrogatories) to an employee, seeking information regarding the employee’s prior qualifications and training, including education and job history. The Appellate Commission acknowledged that under the Michigan Supreme Court’s decision in Sington v Chrysler Corp., 467 Mich 144 (2002), information regarding an employee’s qualifications and training could be relevant on the issue of disability. In a footnote, the Appellate Commission also noted that, under the proper circumstances, evaluation by a vocational expert may be appropriate in order to fully explore the legal elements required by Sington.

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