Maria Diamond SS# xxx Plaintiff,
v.
General Motors Corporation, Self-insured Defendant.
No. 2006-148
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
May 2, 2006
The
social security number and dates of birth have been redacted
from this opinion.
TRIAL
DATE: April 24, 2006
James
W. Smith (P63036), attorney for the Plaintiff
E.
Louis Ognisanti (P23130), attorney for the Defendant
OPINION
PAUL
PURCELL, MAGISTRATE (224G), JUDGE
STATEMENT
OF CLAIM:
Plaintiff
filed an Application for Hearing which was received by the
Bureau on June 25, 2004. She alleges on miscellaneous dates
she suffered an injury and disability as follows:
“Repetitive use of upper extremities caused, aggravated
or accelerated disability to right shoulder, hand and
bilateral upper extremities. Plaintiff was paid
Workers’ Compensation for these injuries for time
missed in the past. Plaintiff was working in a restricted
capacity for less than the one hundred weeks when she was
taken out of work for a stroke.”
STIPULATIONS:
The
parties executed a stipulation sheet which has been admitted
as Joint Exhibit 5. The parties have also agreed to a
stipulated state of facts setting forth the claim, a copy of
that document (excluding the exhibits) is attached to this
opinion. There is no need to reiterate all the facts.
WITNESSES
TESTIFYING PERSONALLY:
Plaintiff:
Maria
Diamond, Plaintiff
Defendant:
None
WITNESSES
TESTIFYING BY DEPOSITION:
Plaintiff:
Paul A.
LaClair, M.D., board certified in physical
medicine/rehabilitation – taken on October 17, 2005
Defendant:
Terry
L. Weingarden, D.O., board certified orthopedic surgeon
– taken on December 1, 2005 with cross-examination on
January 20, 2006
EXHIBITS:
Plaintiff:
1.
Deposition transcript – Dr. LaClair
2.
Deposition transcript – Cross-examination – Dr.
Weingarden
3.
Plant medical records
4.
Medical records – Dr. Benton
Defendant:
A.
Deposition transcript – Dr. Weingarden
B.
Medical records – MRI Diagnostic Center of Michigan
Joint:
5.
Stipulation sheet
DISCUSSION
STIPULATED
STATEMENT OF FACTS
The...
