Bleau v. General Motors Corp., 061506 MIWC, 2006-70

Case DateJune 15, 2006
CourtMichigan
LAWRENCE BLEAU, SS# xxx, Plaintiff
v.
GENERAL MOTORS CORP. Defendant
No. 2006-70
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Board of Magistrates
June 15, 2006
         The social security number and dates of birth have been redacted from this opinion.           HEARING DATE: June 7, 2006.           ALLEGED DATES OF INJURY: 5-16-96, 5-31-98, 3-5-01.           Philip Della Santina (P12652) for Plaintiff.           George Wyatt (P25492) for Defendant.           OPINION           KENNETH A. BIRCH, MAGISTRATE – 227 G, JUDGE          STATEMENT OF CLAIM:          Plaintiff injured his back in the course of repetitive lifting, bending, twisting and turning. Benefits are currently being paid at less than the maximum.          LAY WITNESSES:          Plaintiff:
Plaintiff.
         Defendant:
Lynn Kruspinki
         EXHIBITS:          Plaintiff:
Exhibit # 1, deposition of Dr. Gavin I Awerbuch;
Exhibit # 2, plant medical records;
Exhibit # 3, voluntary pay form dated 6-25-98;
Exhibit # 4, application for total and permanent disability benefits.
         Defendant:
Exhibit # A, deposition of Dr. Richard J. Kovan;
Exhibit # B, application for sickness and accident benefits, dated 5-12-97.
         STIPULATIONS:          The parties stipulated that both the employer and employee were subject to the act on the date of injury, that the self insured carried the risk that Plaintiff was in the employ of the respondent at the time of the alleged personal injuries. For the injury date of 5-3-98, the parties stipulated that weekly benefits were $553; for the date of 3-5-01, weekly benefits were $644. The parties agreed that no decision was to be made regarding any prior injury dates, and there would be no change in status regarding voluntary payments being made.          LAY TESTIMONY:          Plaintiff began working for Defendant in May of 1977, at age 22. He is a high school graduate and had worked production jobs and as a security worker before beginning at Flint Metal Fabrication. He testified he ran a press and later did a c-cradle cross member job for about 13-14 years...

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