Malcolm M. Beamon SS #XXX-XX- XXX, Plaintiff,
v.
Soroc Products, Inc., Accident Fund Insurance Company of America/ Lacks Enterprises, Inc., self-insured, Defendants.
No. 2010-273
Michigan Workers Compensation
State Of Michigan Department Of Labor, Energy & Economic Growth Workers’ Compensation Agency Board Of Magistrates
July 26, 2010
The
social security number and dates of birth have been redacted
from this opinion.
FOR
PLAINTIFF Frederick W. Bleakley, P38860, for Plaintiff.
FOR
DEFENDANTS Brian R. Fleming, P59578, for Soroc Products,
Inc./Accident Fund. William J. Hondorp, P25447, for Lacks
Enterprises, Inc.
OPINION
Jennifer L. Barnes, Magistrate Judge
THE
TRIAL
Trial
was held on March 16, 2009, June 11, 2009, September 29,
2009, October 16, 2009, and December 14, 2009, at the Grand
Rapids, Kent County, Agency.
THE
CLAIM
Mr.
Beamon alleges a specific event injury on 10/25/02, along
with an aggravation and exacerbation of his injury up through
and including his last day of work at Soroc Products. He then
had at least three subsequent employers for which he alleged
specific event injuries and exacerbations. Settlements were
entered between Mr. Beamon and three subsequent employers. He
alleges a last day of work injury against his last subsequent
employer, Lacks Industries, on 2/8/07. The alleged injuries
include a cervical spine injury, lumbar spine injury with
complaints down the left leg, bilateral shoulder injuries,
and bilateral wrist injuries.
STIPULATIONS
with Soroc Products, Inc.
1. That
the parties were subject to the Act at the time of the
alleged injuries on 10/25/02 and 6/18/03, last day of work.
2. That
the insurance carrier carried the risk at the time of the
alleged injuries.
3. That
the Defendant employed the Plaintiff at the time of the
alleged injuries.
4. That
the employer had timely notice of the alleged personal
injuries.
5. That
a timely claim for compensation was made.
6. That
the average weekly wage, excluding fringe benefits, is
$568.25 for the 10/25/02 date of injury and $602.16 for the
6/18/03 last day of work injury. There were fringe benefits
valued at $108.33 per week for the 10/25/02 date of injury
and $180.56 for the 6/18/03 last day of work date of injury.
Fringe benefits were discontinued on 6/18/03.
7. That
the Plaintiff was not engaged in dual employment.
8. That
the Plaintiff was paid benefits listed in Section 354 or
Section 358 of the Act that are subject to coordination,
specifically, Unemployment Compensation benefits at the rate
of $281.56 per week from 7/5/03 through 7/26/03 and from
10/4/03 through 10/11/03.
9. That
the IRS filing status for the 6/18/03 date of injury was
single.
ISSUES
1.
Whether a personal injury arose out of and in the course of
employment for the alleged dates of injury.
2.
Whether any disability is due to the alleged personal
injuries.
3. The
IRS filing status for the 10/25/02 date of injury.
4.
Whether there are any dependents.
STIPULATIONS
with Lacks Enterprises, Inc.
1. That
the parties were subject to the Act at the time of the
alleged injury on 2/8/07.
2. That
the Self-Insured employer carried the risk at the time of the
alleged injury.
3. That
the Defendant employed the Plaintiff at the time of the
alleged injury.
4. That
the employer had timely notice of the alleged personal
injury.
5. That
a timely claim for compensation was made.
6. That
the average weekly wage, excluding fringe benefits, was
$530.48 per week. There were fringe benefits valued at $25.00
per week. Fringe benefits were discontinued on 2/9/07.
7. That
the Plaintiff was not engaged in dual employment.
8. That
the Plaintiff was paid benefits listed in Section 354 or
Section 358 of the Act that are subject to coordination,
specifically short-term disability benefits paid at the rate
of $50.00 per week from 2/9/07 through 8/9/07.
ISSUES
1.
Whether a personal injury arose out of and in the course of
employment.
2.
Whether any disability is due to the alleged personal injury.
3. The
IRS filing status.
4.
Whether there are any dependents.
WITNESSES
TESTIFYING PERSONALLY
Plaintiff:
Malcolm
Beamon
Defendant
Soroc Products:
Lana
Garvelink Terry Hossink
Jim
Green
Defendant
Lacks Enterprises:
Sherry
Ward Benjamin Amponsah
WITNESSES
TESTIFYING BY DEPOSITION
Plaintiff:
1.
Susan M. Day, M.D., taken on 12/13/07.
2.
Steven L. Winston, M.D., taken on 2/20/08.
3.
Farook J. Kidwai, M.D., taken on 3/19/09.
4.
James E. Pelt, Ph.D., taken on 3/9/09.
Defendant
Soroc Products:
A-1.
Edward Trachtman, D.O., taken on 10/7/04.
A-2.
Randolph B. Russo, M.D., taken on 10/19/04.
Defendant
Lacks Enterprises:
B-1.
James B. Wessinger, M.D., taken on 2/18/08.
B-2.
James B. Wessinger, M.D., taken on 9/26/08.
B-3
Peggy Timmons, Record Custodian for Min Zhu, M.D., taken on
9/26/08.
B-4.
Lynn Mulder, Record Custodian for Christian VandenBerg, M.D.,
taken on 9/26/08.
B-5.
Frieda Broukian, Record Custodian for Jurgen Luders, M.D.,
taken on 9/26/08.
B-6.
Kimberly Thomas, Record Custodian for Pervez Yusaf, taken on
9/24/08.
EXHIBITS
Plaintiff:
5. Job
Development Logs from 8/20/08 through 9/28/09.
6.
Affidavit for National Labor Relations Board.
7. STD
Benefit Application.
8. Open
Position Notice dated 5/12/13.
9.
Compilation of Rule 5 Medical Records from various sources.
Defendant
Soroc Products:
A-3.
Accident Fund Company Express Claim Service Report.
A-4.
Open Position Notice.
A-5.
Notice from Lana Garvelink dated 6/20/03.
A-6.
Re-hire Letter dated 6/20/03.
A-7.
Resignation/Quit Letter dated 6/20/03.
A-8.
Terry Hossink’s handwritten notes dated 6/3/04.
A-9.
Request for Leave of Absence dated 11/4/02.
A-10.
Rule 5 Adecco Employment Records.
A-11.
Rule 5 Medical Records from Spectrum Health.
Defendant
Lacks Enterprises:
B-7.
Lacks Enterprises Medical Center Records. B-8. Photos of F250
Grille Part. B-9. Photos of Tahoe Grille Parts.
SUMMARY
OF THE EVIDENCE
LAY
TESTIMONY:
Mr.
Beamon married his wife on 11/12/02. She has worked full-time
and part-time for Fifth Third Bank during their marriage.
They have a child born XXX and another child born XXX. Mr.
Beamon and his wife provide the support for both children.
Mr.
Beamon testified he graduated high school in Saginaw,
Michigan. His first job was obtained through an after-school
program with Saginaw City Parks and Recreation Program. He
would stay after school, play kickball, volleyball, and
babysit. This position paid minimum wage and Mr. Beamon
worked approximately ten hours per week.
He next
obtained employment with Plainview Manor in Saginaw,
Michigan. He worked as a mental health technician for
mentally impaired individuals. He helped clients get up, get
dressed, passed out medications, and helped to make sure the
clients got on the school bus. Mr. Beamon underwent a week
long training program for this job. He was paid $1.00 over
minimum wage and worked 40 hours per week, for two to three
years in the late 1980s.
While
working for Plainview, Mr. Beamon hired in at Zenders...
