Hages v. Sandvik Inc., 100219 MIWC, 7337
| Case Date | October 02, 2019 |
| Court | Michigan |
“Left hand injured while chipping hard water build up off a machine. Carpal tunnel in both hands from repetitive use at work. After surgery claimant developed reflex sympathetic dystrophy/chronic pain in left hand, anxiety/depression and sleep difficulty.”On March 24, 2017 Defendant filed an Application for Hearing – Form C seeking a determination of liability. STIPULATIONS: The parties stipulated that both were subject to the Act at the time of the alleged injury; the carrier was on the risk; that the Plaintiff was employed by the Defendant at the time of the alleged personal injury; that notice and claim were timely made. Plaintiff was left to his proofs that a personal injury arose out of and in the course of employment; that Plaintiff is disabled as a result of the personal injury; and his tax filing status. It was also stipulated that Plaintiff’s average weekly wage was $1,446.47 and his weekly workers’ compensation rate is $775.00. WITNESSES TESTIFYING PERSONALLY: Plaintiff: Fred Hages, Plaintiff Defendant: Jamie Green WITNESSES TESTIFYING BY DEPOSITION: Plaintiff: Patrick Morse, MD Mary Kneiser,MD Samuel George Sarns Michele D. Robb, MA, CRC, LPC Defendant: Mary Kneiser, MD Jennifer LaBuda, PhD Michael Fontaine, MA, CDMS EXHIBITS: Plaintiff: 1. Deposition transcript – Dr. Morse 2. Deposition transcript – Dr. Kneiser 3. Deposition transcript – Mr. Sarns 4. Deposition transcript – Ms. Robb 5. Wage records 6. Medical records – Evergreen Clinic 7. Job description 8. Medical records – Dr. Jilani 9. Medical records – Dr. Michael Beasley 10. Medical records – West Branch Regional Medical Center 11. Medical records – Pinnacle Rehab 12. Medical records – Matrix Pain Clinic 13. Medical records – Munson Medical Center 14. Medical records – Evergreen Physical Therapy 15. Email chain 16. Job offer of May 3, 2017 17. Plaintiff’s job log 18. Communications from prospective employers 19. Plaintiff’s summary of Exhibit 18 20. Restriction slips 21. DNR records 22. Defendant’s records describing Plaintiff’s work abilities 23. Updated statement from Mr. Sarns Defendant: A. Deposition transcript – Dr. Kneiser B. Deposition transcript – Dr. LaBuda C. Deposition transcript – Mr. Fontaine D. Medical records – Operative report of September 7, 2012; October 16, 2012 treatment note from Pinnacle Rehab E. Medical records – Operative report of May 24, 2013 F. Medical records – EMG report of June 21, 2012 G. Plaintiff’s resume DISCUSSION FRED HAGES, PLAINTIFF Plaintiff was born on xx/xx/xx and lives in West Branch with his wife Laureen. They have been married for 30 years. She is employed by the State of Michigan as a computer tech earning approximately $75,000 per year. They have no minor children nor did they have any minor children at the time of the termination of Plaintiff’s workers’ compensation benefits. Plaintiff last worked in 2012 as a result of a left hand injury and drew workers’ compensation benefits until December, 2016. Plaintiff is still in treatment by Mr. Samuel Sarns. He also has been treated at Evergreen Rehabilitation in Saginaw going through a work hardening program which he was told to attend by his workers’ compensation carrier. He testified that he cooperated with the work hardening program and completed all 12 sessions. He further testified that his understanding for the termination of his workers’ compensation benefits was that he did not comply with the work hardening program. Records of Evergreen Rehabilitation were previously marked and introduced as Plaintiff’s Exhibit 14. Plaintiff began working for Defendant in 1995. The name of the company at that time was Valenite. Plaintiff worked for Defendant for 17 years before his injury. Plaintiff testified that he worked full time as an employee of various employers from the time he was 18 forward. When he began working for Defendant he worked as a maintenance technician. In 2005, the company’s name was changed to Sandvik. He was still a maintenance technician at that time but eventually was promoted to maintenance leader. Plaintiff was shown Exhibit 7 which was a job description for his position as a maintenance technician. Plaintiff confirmed the duties set forth on that exhibit. For the remainder of his employment with Defendant, Plaintiff worked in a leader position which he described as a working supervisor. His duties still required him to be on the floor which included ordering materials and also in charge of several people whom he identified as four or five maintenance technicians. He also was in charge of janitors. He did see some paperwork from security with regard to safety related matters. Plaintiff worked the first shift at the time. He used both hands and arms continuously. He would deal with weights up to 100 pounds on a daily basis and occasionally more. He estimated that his weekly wages were around $1,500. He enjoyed his work and considered himself a “go getter.” Plaintiff described Sandvik as a carbide manufacturing facility. Different grades of powder were made which were used in production of carbide parts. Plaintiff then testified with regard to the injury he sustained on June 4, 2012. He was inside a machine he described as an evapco chiller. This is a machine which cools the water temperature of the plant. Plaintiff crawled inside the machine and could stand. He was using a putty knife tool chipping way at the calcium deposits trying to peel them off the wall of the machine. Plaintiff used his right hand as well as his left hand. He continued performing this function for seven straight hours. By the end of the day, his left hand was “enormously swollen.” The machine was gotten up and running. When he came back the next day his left hand was still swollen. His supervisor was Mr. Dick Roach. Mr. Roach apparently came in at 8:00 a.m. and saw Plaintiff’s hand. Plaintiff was sent to Evergreen Clinic. The records of this clinic were marked and introduced as Exhibit 6. Plaintiff testified he was set up with splints on both hands and a sling for his left arm. Restrictions were placed. Plaintiff still tried to work. The Defendant had him putting safety labels on carts; he was using just his right hand. He was perhaps working a shorter day. This job lasted only a few weeks. Plaintiff was then moved to shipping and inspection. Plaintiff was inspecting carbide parts but had a problem because he could not do the job with one hand. He tried to use his left hand. The job was repetitive. He eventually stopped but was unsure when he did so. Evergreen Clinic referred Plaintiff to Dr. Patrick Morse in June, 2012. An EMG...
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