Hutton v. Quality Carriers Incorporated, 051206 MIWC, 2006-256

• Case Date: May 12, 2006
• Court: Michigan

SANDY HUTTON, SS# xxx, PLAINTIFF, v. QUALITY CARRIERS INCORPORATED, ZURICH-AMERICAN INS. CO., Defendants. No. 2006-256 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates May 12, 2006          The social security number and dates of birth have been redacted from this opinion.           Trial Date The case was tried on February 1, 2006, March 14, 2006, and March 21, 2006.           PLAINTIFF Barrie R. Bratt (P11138)           DEFENDANTS Alan J. Gebauer (P26542)           OPINION           JOHN J. RABAUT, MAGISTRATE (196), JUDGE          CLAIM          Plaintiff, by Application for Mediation or Hearing – Form A, filed October 12, 2005, alleged a February 13, 2005, date of injury as follows:

Claimant during the course of employment suffered a slip and fall injury to right ankle and lumbo-sacral back with pain radiating into both lower extremities, right worse then [sic] left.

         STIPULATIONS          The parties stipulated that, on February 13, 2005, plaintiff and defendant were subject to the Worker’s Disability Compensation Act, that Zurich-American Insurance Company insured Quality Carriers, Inc., and that Quality Carriers, Inc., employed plaintiff.          Defendant denied that a personal injury arose out of and in the course of plaintiff’s employment on February 13, 2005. Defendant denied that plaintiff’s disability, if any, was due to his alleged injury.          Defendant received timely notice of the claimed personal injury. Defendant admitted that plaintiff made timely claim for compensation benefits with regard to the claimed injury.          Plaintiff was not engaged in dual employment on February 13, 2005. The issue of benefits subject to coordination was left to proofs.          Plaintiff’s cash average weekly wage on February 13, 2005, was $770.00. Plaintiff received fringe benefits in the amount of $169.59 per week. They were discontinued on August 31, 2005. Plaintiff’s IRS filing status was left to proofs. The issue of dependency was left to proofs.          WITNESSES TESTIFYING AT TRIAL          PLAINTIFF          Sandy Lee Hutton          DEFENDANTS          None          WITNESSES TESTIFYING BY DEPOSITION          PLAINTIFF          David Bradford Barker, M.D.          DEFENDANTS          Shlomo Mandel, M.D.          EXHIBITS          PLAINTIFF          1 – Transcript of the deposition testimony of David Bradford Barker, M.D., taken on February 21, 2006.          DEFENDANTS          A – Transcript of the deposition testimony of Shlomo Mandel, M.D., taken on February 28, 2006.          ORDER          OPINION          Plaintiff, date of birth xxx, was an extremely credible witness. He graduated from high school in 1989 and has no other training...