Grubey v. Walter P. Reuther Psychiatric Hospital, 080619 MIWC, 7327

Case DateAugust 06, 2019
CourtMichigan
Shoura Grubey, SSN: XXX-XX-XXXX, Plaintiff,
v.
Walter P. Reuther Psychiatric Hospital, Department of Community Health/ State of Michigan/self-insured, Defendant.
No. 7327
Michigan Workers Compensation
State of Michigan Department of Licensing and Regulatory Affairs Michigan Office of Administrative Hearings and Rules Workers' Compensation Board of Magistrates
August 6, 2019
         The social security number and dates of birth have been redacted from this opinion.           Charles W. Palmer, (P-29271) for plaintiff           Jason D. Welsh, (P-61094) for defendant, Department of Community Health/State of Michigan           OPINION           KEITH CASTORA, MAGISTRATE (251G) Judge.          TRIAL DATE(S)          The trial commenced in this matter on June 21, 2019. Trial concluded on July 30, 2019 with the parties submitting briefs.          CLAIM          This matter arose out of an Application for Mediation or Hearing filed by Ms. Grubey on December 1, 2014 against the defendant, State of Michigan/Department of Community Health. In that application, plaintiff alleges the dates of injury of December 29, 2007 and June 14, 2013. She alleged injuries to her right shoulder, right elbow, low back, neck, right and left knees, right hand pain and post-traumatic stress disorder (PTSD). The application also noted Ms. Grubey returned to work on July 1, 2013.          At the time of trial, plaintiff amended her application to add the last date of work, March 25, 2016. She also previously amended her application on August 17, 2016. At that time, the dates of injury remained unchanged. The plaintiff now alleged injuries to both shoulders, right elbow, right hand, both knees and PTSD as a result of the December 29, 2007 injury. At the time of trial, plaintiff amended to withdraw certain alleged body parts. She continued to allege only the left shoulder, neck, head and PTSD.          STIPULATIONS          The parties stipulated for the alleged dates of injury, December 29, 2007, June 14, 2013 and March 25, 2016 that:
1. The parties were subject to the Act.
2. The insurance carrier/self-insured carried the risk.
3. Defendant employed the plaintiff on the alleged dates of injury.
4. The parties left to proofs that a personal injury arose out of and in the course of employment for all dates of injury.
5. The employer received timely notice and claim for the alleged personal injury.
6. The average weekly wage for the date of injury of December 29, 2007 was $1,511.01. The average weekly wage for the date of injury of June 14, 2013 was $2,179.24. Lastly, the average weekly wage for the last day of work, March 25, 2016 was $2,179.24. The plaintiffs tax filing status was single with no dependents for all dates of injury.
7. Ms. Grubey did not engage in dual employment.
8. Ms. Grubey did receive benefits under Section 354 or 358 which could reduce her weekly benefits. She received sick time/LTD commencing March 28,2016. She later received a pension starting on December 16, 2016. The weekly amount for the pension is $634.86.
9. Plaintiff did receive weekly workers compensation benefits after her December 29, 2007 date of injury. She did not receive any benefits after the dates of injury of June 14, 2013 or March 25, 2016.
10. The parties left to proofs whether there was any disability due to an alleged personal injury for all dates.
         EXHIBITS          Plaintiff          1. The deposition testimony of Richard Rizzo, Ph.D. taken on May 11,2018.          2. The deposition testimony of William M. Leuchter, M.D. taken on June 26, 2018.          3. The deposition testimony of James Fuller, CRC taken on August 15, 2018.          4. Records from Mendelson and Kornblum.          5. Record of the State of Michigan with position description.          6. Records from the Nursing Department regarding reassignment and ADA request.          7. Form 105-A - Work History, Work Qualifications and Training Disclosure Questionnaire.          Defendant          A. Deposition testimony of Leonard Sahn, M.D. taken on October 16, 2018.          B. Deposition testimony of Richard S. Jackson, M.D. taken on October 3, 2018.          C. Additional testimony from Dr. Jackson taken on May 14, 2019.          D. Deposition testimony of John N. Stokes, MA, CRC taken on June 19, 2019.          E. Ms. Grubey's 2016 pay stubs.          TESTIMONY          Plaintiff          Shoura Grubey          Defendant          None          WITNESS TESTIMONY          Plaintiff- Shoudra Grubey          Ms. Grubey testified on her own behalf. She currently resides in Ann Arbor, Michigan. She is 63 years of age, DOB xx/xx/xx.          Educationally, plaintiff went to Wayne County Community College and received her degree as a registered nurse. She testified that her 105-A (Plaintiff's Exhibit 7) was accurate.          She immigrated from Iran in 1984. She became a U.S. citizen in 1994.          She commenced working for the State of Michigan as an RN Manager/Supervisor on August 19, 1994. She only worked at one hospital while at the State of Michigan, Walter P. Reuther Psychiatric Hospital. When she commenced working for the State, the hospital only had geriatric patients with psychiatric conditions. In 2003, younger patients were transferred from the Northville Facility when it closed.          In 1997, she was a Nursing Manager 12. She did both patient care and supervision. She did everything plus administrative work. She cared for patients, supervised LPNs and completed documents. Approximately one-third (1/3) of her time was devoted to patient care.          The physical requirements of her job were that she needed to turn and lift patients. She assisted with showering, feeding, dressing, etc. The weights varied depending on the patient. She could lift up to 150 pounds.          She did not do a lot of standing however, she did walk. She would have to walk every 15 to 30 minutes to the units. Twenty-five percent (25%) of the time was done walking.          On the alleged date of injury of December 29, 2007, she was the only nurse on duty. She was working with a female patient who had been off her medications and was not drinking or eating. The patient was somewhat aggressive. Plaintiff thought she had calmed down. However, she grabbed Ms. Grubey's hair and pulled her onto the floor. The patient started to bang her head on the floor. She was punching plaintiff and yelled "I am going to kill this bitch". The staff did walk in and pulled the patient off of plaintiff.          After the assault, she was taken to the hospital. She was there approximately one week. She had injuries to her head, a fractured finger/hand, back pain, shoulder and neck pain. She was on narcotics. She was returned to work with a note of no direct patient care. Defendant sent her home. Approximately two months after the incident, she did return to work, unrestricted. She was put in a female patient unit with a maximum of 10. The patients were mostly geriatric.          After her return to work, she did continue to treat. Mendelson Kornblum did her physical treatment.          On the alleged date of injury of June 14, 2013, she was acting as the 24 hour Nursing Manager. She was preparing paperwork for nursing. She got up and her feet got tangled in some wires. She sustained a fracture of the elbow and injuries to her knees, back and neck.          She continued to treat with her psychologist, Dr. Rizzo. She had treated with him since 2008. She has treated with various psychiatrists. She currently treats with Dr. Joseph. Her prior treaters, Dr. Pomodoro who died and Dr. Mistry who retired.          Plaintiff did continue to work until March 2016. At that time, she was told by defendant to go home.          On March 20, 2016, plaintiff received a reassignment to unit R4 (Plaintiff Exhibit 6). This is the unit where plaintiff got injured in 2007. Ms. Grubey went to the supervisor, Ms. Coleman, and told her that she had anxiety working on that unit with the younger patients. The Director of Nursing told her that she would not be reassigned.          On March 21, 2016, plaintiff received a reassignment to Unit R3 (Plaintiff Exhibit 6). She testified this unit had similar...

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