JUDITH A. BRABOW SS# xxx Plaintiff,
v.
MACOMB FAMILY SERVICES, INC., and SAFETY NATIONAL CASUALTY CO., Defendants.
No. 2006-67
Michigan Department of Labor and Economic Growth Workers’ Compensation Agency Board of Magistrates
August 9, 2006
The
social security number and dates of birth have been redacted
from this opinion.
William W. Watkinson, Jr. (P53733), Attorney for Plaintiff
No
appearance for Defendant[1]
Trial
Dates This matter was tried in Mt. Clemens on July 31, 2006.
OPINION
ANDREW
G. SLOSS, MAGISTRATE
STATEMENT
OF CLAIM
In a
petition filed July 28, 2004, Plaintiff alleges:
“In
11/02 employee sustained a severe and serious injury to her
back and spine lifting a patient. The work performed until
her last day worked of 1/12/03 further aggravated and
precipitated the back and spine injuries/pathologies.”
She
alleges injury dates of “11/02”, and January 12,
2003, with disability from January 13, 2003, through the
present.
Plaintiff
filed an amended petition on October 6, 2004, adding an
injury date of July 22, 2001.
At
trial, Plaintiff amended her petition to delete the
“11/02” and January 12, 2003, injury dates.
Defendant Accident Fund was therefore dismissed prior to
trial.
STIPULATIONS
None.
WITNESSES
TESTIFYING PERSONALLY
1.
Judith A. Brabow.
WITNESSES
TESTIFYING BY DEPOSITION
None.
EXHIBITS
Plaintiff
1.
Letter, dated
2.
Notice of Hearing, dated 11/24/2004.
3.
Letter.
4.
Incident report, dated 7/27/2001.
5.
Concentra Medical Center records.
6. Dr.
Cox records.
7. Dr.
Montgomery letter, dated 9/25/2002.
8. Dr.
Zinkel surgery report, dated 1/30/2003.
9. Dr.
Zinkel surgery report, dated 5/29/2003.
10. Dr.
Montgomery record, dated 12/15/2003.
11. Dr.
Montgomery operative report, dated 3/11/2004.
12. Dr.
Montgomery operative report, dated 6/22/2004.
13. Dr.
Montgomery record, dated 3/24/2005.
14. Dr.
Montgomery record, dated 4/20/2005.
15. Dr.
Denier MRI report...
