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generally following the directions of Mr. Baldwin’s doctors and
nurses. Petitioner also took care of their 7 children and
managed their small farm when she was not attending to her
husband’s medical needs.
On May 3, 1988, Mr. Baldwin made a written claim for
expenses relating to nursing and attendant care provided by
petitioner from 1980 onward pursuant to the Michigan Act. In
December of 1989, a magistrate of the Michigan Bureau of Worker’s
Disability Compensation found that petitioner provided attendant
and nursing care to Mr. Baldwin as defined under the Michigan Act
and awarded petitioner reimbursement for services rendered. The
magistrate’s award provided that petitioner was entitled to be
reimbursed in an amount equal to $8 per hour for 12 hours a day
and $12 an hour for hours in excess of 40 hours per week.2 The
magistrate estimated that petitioner spent 12 hours per day
providing care for Mr. Baldwin and held that the hourly rates and
number of hours per week shall be payable until further notice.
Both Mr. Baldwin and GM appealed the decision.
The Worker’s Compensation Appellate Commissioner of the
State of Michigan (Appellate Commissioner), upheld the
magistrate’s decision except that the Appellate Commissioner
2 For care provided after July 30, 1985, petitioner’s
reimbursable time was limited to 56 hours per week. Mich. Comp.
Laws section 418.315(1) (1985).
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