Finkbeiner v. General Motors Corp., 060506 MIWC, 2006-122

• Case Date: June 05, 2006
• Court: Michigan

JOSEPH FINKBEINER, SS# xxx, Plaintiff v. GENERAL MOTORS CORP. Defendant No. 2006-122 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Board of Magistrates June 5, 2006          The social security number and dates of birth have been redacted from this opinion.           HEARING DATE: May 17, 2006.           ALLEGED DATES OF INJURY: 10-28-03, 2-10-04.           Floyd W. Steele (P45357) for Plaintiff.           Thomas J. Ruth (P44434) for Defendant.           OPINION           KENNETH A. BIRCH, MAGISTRATE - 227 G, JUDGE          STATEMENT OF CLAIM:          Heavy work and injuries throughout his employment history caused Plaintiff severe pain in his ankles and feet.          LAY WITNESSES:

Plaintiff

         EXHIBITS:          Plaintiff:

Exhibit #1, deposition of Dr. Anthony de Bari;

Exhibit #2, application for sickness and accident benefits;

Exhibit #3, injury report of strained ankle on 10-28-03.

         Defendant:

Exhibit # A, deposition of Dr. Ronald S. Lederman; Exhibit # B, turnaround sheet; Exhibit # C, plant medical records.

         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 $1377.40, for injury dates of 2003 and 2004; weekly wage loss benefits for 2003 were stipulated as $653. Plaintiff had received sickness and accident and extended disability benefits.          LAY TESTIMONY:          Plaintiff testified he had been afflicted with polio as a small child but, was unable to recall the situation. He did remember corrective surgery to his left foot when he was in the ninth grade and when he was a senior in high school. At the time...