Easton v. General Motors Corp., 040406 MIWC, 2006-136

Case DateApril 04, 2006
CourtMichigan
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...

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