Calloway v. General Motors Corp., 060106 MIWC, 2006-50

• Case Date: June 01, 2006
• Court: Michigan

ARNETTE A. CALLOWAY, SS# xxx, Plaintiff, v. GENERAL MOTORS CORP. Defendant No. 2006-50 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Board of Magistrates June 1, 2006          The social security number and dates of birth have been redacted from this opinion.           HEARING DATE: May 15, 2006           ALLEGED DATES OF INJURY: 4-1-02           Andrew Ferguson (P42950) for Plaintiff.           Thomas J. Ruth (P44434) for Defendant.           OPINION           KENNETH A. BIRCH, MAGISTRATE - 227 G, JUDGE          STATEMENT OF CLAIM:          Plaintiff alleges that her bilateral carpal tunnel syndrome injury pathology was aggravated by repetitive activities, and that smoke and dust caused, aggravated and accelerated pathology.          LAY WITNESSES:          Plaintiff          EXHIBITS:          Plaintiff:

Exhibit # 1, Plant medical records;

Exhibit # 2, records of Dr. Parmanand Khabdelwal;

Exhibit # 3, records of Dr. Kelvin Calloway;

Exhibit #4, deposition of Dr. Ghiath Bayasi;

Exhibit # 5, deposition of Dr. Thomas H. Beird (both Dr. Calloway’s records and Dr. Beird’s deposition had originally been marked as #3, to differentiate, Dr. Beird’s deposition was change to # 5); Plaintiff’s Exhibit #6, forms 701 and 100.

         Defendant:

Exhibit #A, deposition of Dr. Maynard C. Buszek;

Exhibit #B, Plant medical records;

Exhibit # C Job Description;

Exhibit # D, turn around sheet.

         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, that the employer had notice of the alleged injury, and the claim was made within the statutory prescribed period. Plaintiff’s stipulated average weekly wage was $1147.50, and that the correct amount of weekly benefits would 615.87. Plaintiff had received sickness and accident and extended disability benefits. Finally, the parties stipulated that Plaintiff was receiving voluntary payments of $556 a week, and would continue to received that amount related to her bilateral carpal tunnel injury in 1999.          LAY TESTIMONY:          In October of 1999, Plaintiff began receiving worker’s compensation for bilateral carpal tunnel syndrome. She testified that she was performing a seat belt panel job, where she would hit buttons with her hands into vehicles and would pull seatbelts. She was being treated with cold packs and would work...