MENTAL DISABILITY CLAIM DENIED DUE TO EMPLOYEE’S INTENTIONAL AND WILLFUL MISCONDUCT The Michigan Supreme Court, in a 4 to 3 decision, recently held that a mental disability arising out of discipline administered for the employee’s refusal to attend an employer-mandated event constituted “intentional and willful misconduct”, barring recovery of workers’ disability compensation benefits. Brackett, v Focus Hope, Inc., ___Mich___; ___NW2d___ (Case # 135375, July 30, 2008). MCL 418.305 provides that, “[i]f the employee is injured by reason of his intentional and willful misconduct, he shall not receive compensation under the provisions of this act.” When plaintiff was hired by the defendant employer, she was advised that the mission of Focus Hope was to seek racial equality and reconciliation. Plaintiff was advised that attendance at the annual Martin Luther King, Jr., Birthday Celebration, was mandatory. Plaintiff advised her supervisor that she would not attend the King Day event because it was being held in a city (Dearborn) where she and her family had had bad experiences as African Americans and because she believed the history of race relations in that city was not in keeping with Dr. King’s aspirations. Following the event, plaintiff was docked for two days’ pay and, later, some of her job responsibilities were taken away. Plaintiff subsequently met with the Chief Executive Officer (CEO). The CEO expressed her disappointment in plaintiff and said that plaintiff did not deserve to receive a paycheck from Focus Hope. When plaintiff asked if she was being fired, the CEO shrugged her shoulders and let plaintiff out of the office. The CEO testified that she remained calm and that she did not yell or threaten to fire plaintiff. Plaintiff alleged that the CEO’s comments traumatized her. Plaintiff left work and never returned. Plaintiff’s psychologist opined that plaintiff suffered a major depression precipitated by work events and that she was unable to work. At trial, the magistrate awarded plaintiff benefits, rejecting the defense argument that plaintiff’s misconduct barred her recovery of benefits under MCL 418.305. The Workers’ Compensation Appellate Commission and Court of Appeals affirmed the magistrate’s award of benefits. The Supreme Court reversed the judgment of the Court of Appeals, denying benefits. The Michigan Supreme Court cited its prior decision in Daniel v Dep’t of Corrections 468 Mich 34; 658 NW2nd 144 (2003). The Court held that the plaintiff’s refusal to attend the King Day event constituted intentional and willful misconduct. Because plaintiff's alleged mental disability flowed directly from the discipline for her misconduct, the Court held that plaintiff’s injury arose out of her intentional and willful misconduct, barring her recovery of benefits.