Isom v. General Motors Corp., 100406 MIWC, 2006-251

Case DateOctober 04, 2006
CourtMichigan
JAMES ISOM JR, SS# xxx, Plaintiff
v.
GENERAL MOTORS CORP. Defendant ORDER
No. 2006-251
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Board of Magistrates
October 4, 2006
         The social security number and dates of birth have been redacted from this opinion.           HEARING DATE: August 24, 2006 & October 3, 2006.           ALLEGED DATES OF INJURY: 6-18-03 and 8-99.           Philip Della Santina (P12652) for Plaintiff.           Thomas J. Ruth (P44434) for Defendant.           OPINION           KENNETH A. BIRCH, MAGISTRATE - 227 G, JUDGE          STATEMENT OF CLAIM:          Plaintiff was a welder for 25 years. Fumes and dust from welding caused aggravated and accelerated vascular problems leading to amputation of the leg. In approximately August of 1999, James’ right leg was punctured by a sheet of aluminum. This progressed into a chronic ulcer in his right lower extremity. Subsequent treatment was necessary to try and heal the ulcer including the prescription of Coumadin which resulted in a black out and fall to Plaintiff. He has been totally in capacitated since his stroke and requires constant 24 hour personal medical care.          LAY WITNESSES:          Plaintiff by deposition, Pauline Isom.          EXHIBITS:          Plaintiff:
Exhibit # 1, deposition of Dr. Raed Al-Rajabi;
Exhibit # 2, deposition of Plaintiff;
Exhibit # 3, stroke hospital records;
Exhibit # 4, U of M medical records;
Exhibit # 5, application for total and permanent disability pension.
         Defendant:
Exhibit # A, deposition of Dr. Benjamin J. Paolucci;
Exhibit # B, application for total and permanent disability pension;
Exhibit # C, claim for sickness and accident benefits;
Exhibit D, plant medical records;
Exhibit # E, records of Hurley Medical Center records;
Exhibit # F, University of Michigan Hospital discharge summary.
         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, and that Plaintiff was in the employ of the respondent at the time of the alleged personal injuries. Defendant had notice of the 6-18-03, injury and the claim was made within the statutory period. Weekly wage loss benefits for 2003 were stipulated as $653. Plaintiff had received sickness and accident benefits, and extended...

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