Allen v. Dow Corning Corp., 122308 MIWC, 2009-4

Case DateDecember 23, 2008
CourtMichigan
Janet E. Allen SS# XXX-XX- XXX Plaintiff,
v.
Dow Corning Corporation and Zurich-American Insurance Company Defendant,
No. 2009-4
Michigan Workers Compensation
Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
December 23, 2008
         The social security number and dates of birth have been redacted from this opinion.           TRIAL DATES: September, 23, 2008 and October 25, 2008           Matthew Tyler (P34706) attorney for the Plaintiff           Gary Patterson (P38135), attorney for the Defendant           OPINION           JAMES J. KENT, MAGISTRATE          STATEMENT OF CLAIM:          Plaintiff filed her original Application for Hearing on alleging injury date(s) of September 23, 2004 and a last day of work of either July 25 or 26, 2008. In response to paragraph 25 she stated:          Emotional and mental disability caused by work pressure, stress and excessive workload. Employee seeks all benefit under the act.          STIPULATIONS:          The parties submitted a standard stipulations sheet, which was marked as Joint Exhibit A1 and entered into the record. As to Defendant for both injury dates, it reads as follows:
bordercolor="#111111"> Employer/employee subject to act: Yes Insurance carrier/self insured carried risk: Yes Employee in employ of respondent: Yes Personal injury arose out of and in course of employment: Denied Employer had notice of injury within period Yes Claim made within statutory period: Yes Gross wage excluding fringe benefits: $959.54 for 2004 $1102.08 for LDW Value of discontinued fringes: Proofs Date fringes discontinued: N/A Appropriate compensation rate: Not given Dual employment: No Employee received any benefits subject to Section 354 or 358: None Disability due to alleged personal injury: Denied IRS filing status: Single head of household Dependency: Proofs
         WITNESSES TESTIFYING PERSONALLY:          Plaintiff:          Plaintiff testified on her own behalf          Defendant:          Jennifer Strasser          David Deleeuw          Chuck Bond          Charlene Stoddard          WITNESSES TESTIFYING BY DEPOSITION:          Plaintiff:          James M. Fuller, CRC          J. Barry Rubin, D.O.          Defendant:          Sushil Mankani, MD, MPH          Harvey G. Ager, M.D.          EXHIBITS:          The record consists of voluminous exhibits, all of which were reviewed and analyzed. In addition to those mentioned elsewhere in my decision, all exhibits were considered and weighed.          Plaintiff:          1. Deposition of J. Barry Rubin          2. Deposition of James M. Fuller          3. Plaintiff’s annual job performance review dated February 6, 2006          4. Incident report regarding Plaintiff provided by C. Stoddard dated July 26, 2006          5. Medical report(s) provided by Mary Ann Frederick          6. Medical report(s) provided by Dr. O. Evans-Nwosu          7. Medical records of Midland Community Health          8. Medical records of Midland Family Practice (Dr. John Duff)          9. Medical records of Rodnick Chiropractic Clinic, admitted over Defendant relevancy objection, to be given appropriate weight by the fact finder          10. Medical records of Dr. Ira Iaacoff admitted over Defendant relevancy objection, to be given appropriate weight by the fact finder          11. Medical records of Midland Hospital/Dr. Jan Drilik          12. Records from the Michigan Talent Bank, regarding a current job listing at Covenant Health Care for a Medical Technologist          13. Social Security Records          Defendant:          A. Plaintiff’s annual job performance review dated February 7, 2005          B. A chart drafted by Plaintiff’s supervisor, regarding the organization and job duties of her department in March of 2005          C. E-mail incident report from Chuck Bond regarding Plaintiff dated July 21. 2006          D. A mathematical graphing of the productivity per analyst in Plaintiff’s department for the years 2003 to 2006          E. Curriculum Vitae of Defendants Stokes expert, Paul Nay          F. Stokes analysis of Paul Nay. Admitted over Plaintiff’s objections. I do not find it to be hearsay, as it is admitted as a business record. Further, I admit it pursuant to MCL 401.857 and 401.853 as documents I consider necessary to perform my function as fact finder in light of the Stokes mandates.          G. A list of the positions Plaintiff held at Defendant Dow Corning during her employment there          H. A separation checklist regarding Plaintiff termination from Dow Corning signed by her and Chuck Bond on August 25, 2006          I. Medical documentation from Jema Talasila, MD, regarding mental illness treatment he gave her in 2004          Joint:          1. Stipulation sheet noted above          DISCUSSION          LAY TESTIMONY          PLAINTIFF          Plaintiff testified on her own behalf. She is married to her husband Mike, and has 3 grown children. She currently resides with her daughter as she has lost her house and car due to financial difficulties. She was born XXX in New York, where she lived until she was eight. Her mother passed away when she was seven, and when her father moved to Michigan he could only care for her for a few years, putting her in a foster home when she was twelve.          She graduated from high school in 1980. She had begun working in an Army/Navy recruiting office in 1978 (clerical/minimum wage). Shortly after that she moved to Florida, and was married in 1982. Down in Florida she worked as a waitress, a phone solicitor for R.L. Polk, and doing clerical office work for Art Weber’s furniture store (all paid minimum wage with no benefits).          When she and her family moved to Saginaw in 1983 or 1984, she worked as an apartment manager (free rent and minimal pay). They then moved to Midland, and from 1984 to 1992 she raised her children, and attended Delta College, beginning in an R.N. program but switching to a science curriculum, in which she received an associate’s degree in 1990.          In 1992, she had a short stint as a team cook in a local restaurant (again for minimum wage), and then through a job...

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