Gillean v. Logistics Services Inc., 071106 MIWC, 2006-104

• Case Date: July 11, 2006
• Court: Michigan

JASON GILLEAN, SS# xxx, Plaintiff, v. LOGISTICS SERVICES INC. Defendant No. 2006-104 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Board of Magistrates July 11, 2006          The social security number and dates of birth have been redacted from this opinion.           HEARING DATE: May 12, 2006.           ALLEGED DATES OF INJURY: 1-25-04, 3-23-04, 4-30-04, 5-6-04, 7-20-04, 8-10-04, 8-16-04, 8-16-04, 11-20-04, 3-7-04, 9-14-05, 3-17-04, 8-13-05, 9-28-05, 12-8-04.           Richard Wagner (P53848) for Plaintiff.           Mark Robbins (P27879) for Defendant.           OPINION           KENNETH A. BIRCH, MAGISTRATE – 227G, JUDGE          STATEMENT OF CLAIM:          Lifting parts caused and significantly aggravated low back condition leading to disability.          LAY WITNESSES:

Plaintiff.

         EXHIBITS:          Plaintiff:

Exhibit #1, deposition of Dr. Omega Paril;

Exhibit #2, medical records of Dr. A Guido Hita;

Exhibit #3, medical records of Genesys Hospital;

Exhibit #4, employer records.

         Defendant:

Exhibit #A, deposition of Dr. Jeffrey E. Middeldorf.

         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. Weekly wage loss benefits for all dates of injury were stipulated as 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 average weekly wage for all dates of injury was $515.72; and weekly wage loss benefits were $317.26.          LAY TESTIMONY:          Plaintiff is a 26 year old single man who lives with his girl friend and his young daughter. He began working for Penske in 2000. Apparently Penske changed to Logistic...