Blankenship-King v. K Mart Corp., 2009 MIWC, 2009-27

CourtMichigan
DIANA BLANKENSHIP-KING SS #XXX XX XXX Plaintiff,
v.
K MART CORP, now SEARS, HOLDINGS CORPORATION, SUBSIDIARIES & AFFILIATES, Defendant.
No. 2009-27
Michigan Workers Compensation
State of Michigan Department of Energy, Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
2009
         The social security number and dates of birth have been redacted from this opinion.           THE TRIAL Trial was held on June 24 2009 in Flint, Genesee County Michigan.           THE PLAINTIFF Robert MacDonald, Plaintiff 54801, for Plaintiff.           THE DEFENDANTS Mary Lazar, Plaintiff 40010, for Defendant.           OPINION           Michael T. Harris, MAGISTRATE, JUDGE.          THE CLAIM          Plaintiff claims that a December 7 1968 fall while in the course of her employment as a K Mart cashier caused damage to her teeth and mouth that require dental expenses.          STIPULATIONS:
1. The parties are subject to the Michigan compensation laws on the date of injury alleged 12/7/1968.
2. The defendant was self-insured.
         ISSUES:
1. Whether plaintiff met with personal injury arising out of[1] and in the course of her employment on or about the date alleged.
2. Whether the relationship of employer and worker existed.
3. Whether notice was given, and if not, whether prejudice resulted.
4. Whether timely claim was made.
5. Plaintiff’s entitlement to medical expenses and treatment.
         SUMMARY OF THE EVIDENCE          DIANA BLANKENSHIP-KING testified that in 1968 her name was Diana Blankenship. She was employed by K-Mart in the 1960’s, including 1968. She hired in for the Christmas season in 1968 as a cashier. The date of injury was around 12/7/68. She became ill while cashiering and called her supervisor over to her register, following the procedure to close a register. The supervisor closed the register, and as plaintiff went from the register she walked back through the line of people at the register, and the next thing she remembers is waking up on the floor with people around her and an ambulance taking her to the hospital. The supervisor did nothing for her and did not inquire about the nature of her illness or render any aid to her or offer to escort her to the break room. There were chairs in the break room. The floor she fell to was a cement or tile floor.          When she came to she realized she was bleeding from her chin and her mouth was painful. At that point she was taken by ambulance to McLaren and went to the ED where she had...

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