THERESA DILLARD SS #xxx Plaintiff,
v.
GM SPO-FLINT/ SELF-INSURED, Defendant.
No. 2006-147
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensaiton Agency Board of Magistrates
June 28, 2005
The
social security number and dates of birth have been redacted
from this opinion.
Trial
was held on August 10,2 006 in Flint, Genesee County,
Michigan.
THE
PLAINTIFF Philip Vella Santina, P12652, for Plaintiff.
THE
DEFENDANT Thomas J. Ruth, P44434, for defendant
OPINION
JENNIFER L. CRAWFORD, MAGISTRATE, 233G, JUDGE
THE
CLAIM
Plaintiff
alleges injuries to her bilateral hands and upper extremities
and her low back as a result of employment activities up
through and including her last day of work on October 23,
2000.
STIPULATIONS
1. That
both the employer and the employee were subject to the
Michigan compensation laws on the date of injury alleged,
10/23/00.
2. That
the Defendant was self-insured and carried the risk.
3. That
Plaintiff was in the employ of the Defendant on the date of
the alleged injury.
4. That
the employer had timely notice of the alleged personal injury
within the statutory period.
5. That
the appropriate workers’ compensation rate for the 2003
date of injury is $611.00 per week based upon a gross weekly
wage of $1,399.26 and a filing status of married filing
joint.
6. That
dual employment is not applicable in this case.
7. That
the employee did receive benefits in the form of Sickness
& Accident (S&A) and Extended Disability Benefits
(EDB), which are subject to coordination under Section 354
and 358 of the Act.
ISSUES
1.
Whether claim was made within the statutory prescribed period
by the employee.
2.
Whether a personal injury arose out of and in the course of
employment.
3.
Whether any disability is due to the alleged personal injury.
4.
Whether the Plaintiff is entitled to medical expenses and
treatment for the alleged injury.
WITNESSES
TESTIFYING PERSONALLY Plaintiff:
Theresa
Dillard, Plaintiff.
Defendant:
None
WITNESSES
TESTIFYING BY DEPOSITION Plaintiff:
...
