GWENDELYN P. EASTON, SS# xxx, Plaintiff
v.
GENERAL MOTORS CORPORATION, Defendant
No. 2006-136
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Board of Magistrates
April 4, 2006
The
social security number and dates of birth have been redacted
from this opinion.
HEARING DATE: March 14, 2006
ALLEGED DATES OF INJURY: July 22, 2003 & September 22,
2003
Andrew
M. Ferguson (P42590), for plaintiff.
Thomas
J Ruth (P44454), for defendant.
OPINION
KENNETH BIRCH, MAGISTRATE – 227G, JUDGE
STATEMENT
OF CLAIMS:
Plaintiff
ran to a machine which had crashed to turn off the button to
prevent damage. Plaintiff slipped in oil injuring her knee.
Stress of walking cause aggravated and/or accelerated low
back disability.
LAY
WITNESSES:
Plaintiff,
Gwendelyn P. Easton
EXHIBITS:
Plaintiff;
Exhibit #1 sickness and accident application forms from 1997
& 1998, Exhibit #2 records of Dr. Michael Sorcher,
Exhibit #3, Riverfront examination dated 6-10-87, Exhibit #
4, record of treatment for back surgery, Exhibit # 5 Dr.
Barry Landau’s report regarding treatment and
rehabilitation for the 1996 back surgery, Exhibit # 6,
General Motors medical records regarding Plaintiff, Exhibit #
7, Dr. Nancy Kursik’s records.
Defendant:
Exhibit # A, General Motors medical records from 7-29-03
through February 2004. Exhibit # B Plaintiff’s sickness
and accident application form 2002, Exhibit # C Dr.
Sorcher’s report, Exhibit # D Dr. Kursik’s notes
from 9-22-03 through 8-30-04.
DEPOSITIONS:
Plaintiff:
Dr.
Nancy J. Kursik
Dr.
Kevin B. Robinson
Defendant:
Dr.
Nathan Gross
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
injury. The stipulated weekly compensation rate is $653.
Plaintiff received sickness and accident benefits and
extended disability benefits.
LAY
TESTIMONY:
Plaintiff
was born on xxx, and was 53 on the date of the hearing. She
graduated from Goodrich High School in 1991 and took her
first job at a drug store in 1971 for $3 an hour. Before
joining General Motors in 1976, she worked on an assembly
line at a plastics factory assembling plastic tubing, for
$3.22 an hour. She has no other training except for a couple...