Ricky S. Bennett SS# xxx Plaintiff,
v.
Allstate Painting & Contracting Company/ No Record of Coverage, Defendant.
No. 2006-78
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
May 16, 2006
The
social security number and dates of birth have been redacted
from this opinion.
THE
TRIAL DATE: May 12, 2006
THE
PLAINTIFF Timothy S. Moher (P41208)
THE
DEFENDANTS No appearance
OPINION
TIMOTHY MCAREE, MAGISTRATE (221G), JUDGE
THE
STIPULATIONS
None.
Issues
Notice,
claim, injury, disability and causal relationship.
THE
WITNESSES TESTIFYING BY DEPOSTION
THE
PLAINTIFF
None.
THE
DEFENDANTS
None.
THE
EXHIBITS
THE
PLAINTIFF
1. A
billing sheet of Richard W. Ganzhorn, M.D., P.C., which
covers office visits of May 19, October 11, 2005 and
procedures performed on January 17, 2006.
2. An
explanation of benefits form setting forth the charges of
$1,587.20 for an MRI performed on May 26, 2005 at War
Memorial Hospital.
3. A
W-2 Form for the year 2005 showing total wages paid to the
plaintiff by the defendant of $4,538.00.
4. A
1099 Form for the year 2005 showing miscellaneous income paid
to plaintiff by defendant of $4,147.38.
5. The
state average weekly wage charge showing the maximum rate of
$689.00 for the year 2005.
6.
Records of Richard W. Ganzhorn, M.D., from May 19, 2005
through January 17, 2006, including an MRI report of May 26,
2005.
Dr.
Ganzhorn's office note of May 19, 2005 includes a history
of the plaintiff injuring his right knee while working on
protective netting on the Mackinaw Bridge on May 6, 2005. Dr.
Ganzhorn indicates that the plaintiff was unable to work. The
plaintiff had some other complaints from earlier injuries to
his left ribs, low back, bilateral elbows and right
shoulders. Dr. Ganzhorn's physical examination indicates
moderate effusion in the right knee, tenderness and
complaints of pain relative to the right knee. He indicates
plaintiff is unable to return to work at the present time and
orders an MRI of the right knee. Dr. Ganzhorn also wrote a
letter to Dr. Timothy Hayes dated May 19, 2003 setting forth
the information contained in...
