Callaway v. General Motors Corp., 091206 MIWC, 2006-49

• Case Date: September 12, 2006
• Court: Michigan

JOYCE A. CALLAWAY, SS# xxx, Plaintiff v. GENERAL MOTORS CORP. Defendant No. 2006-49 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Board of Magistrates September 12, 2006          The social security number and dates of birth have been redacted from this opinion.           HEARING DATE: August 28, 2006.           ALLEGED DATES OF INJURY: 8-30-93, 2-10-02.           Philip Della Santina (P12652) for Plaintiff.           Thomas J. Ruth (P44434) for Defendant.           OPINION           KENNETH A. BIRCH, MAGISTRATE - 227 G, JUDGE          STATEMENT OF CLAIM:          Plaintiff developed carpal tunnel syndrome as a result of repetitive hand intensive activity. Plaintiff’s low back and leg condition was worsened by repetitive bending, lifting, and twisting.          LAY WITNESSES:          Plaintiff          EXHIBITS:          Plaintiff:

Exhibit # 1, deposition of Dr. Jeffrey Levin;

Exhibit # 2, 8-30-93 EMG, Dr. Neil A. Friedman;

Exhibit # 3, EMG, 2-26-03, Dr. M.N. Sabbagh;

Exhibit # 4, plant medical records.

         Defendant:

Exhibit # A, deposition of Dr. Nathan Gross;

Exhibit # B, physician’s report for total and permanent disability:

Exhibit # C, EMG, 2-26-03, Dr. M.N. Sabbagh;

Exhibit # 4, plant medical records from 2-26-00 until last day of work.

         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, and that Plaintiff was in the employ of the respondent at the time of the alleged personal injuries, that the claim was made within the statutory period. Plaintiff’s gross wages excluding fringe benefits were 1296.86, and weekly wage loss benefits were $644. Plaintiff received sickness and accident benefits and extended disability benefits.          LAY TESTIMONY:          Plaintiff began working for General Motors in June of 1973, a year after she finished High School at Flint Northern. Until 1993, she worked assembly production jobs which required...