Kendall v. Delphi Automotive Systems, 050104 MIWC, 2006-318

• Case Date: May 01, 2004
• Court: Michigan

JAMES KENDALL SS # xxx Plaintiff, v. DELPHI AUTOMOTIVE SYSTEMS, DEEMS FLINT WEST, SELF-INSURED, Defendant. No. 2006-318 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates May 1, 2004          The social security number and dates of birth have been redacted from this opinion.           Trial was held on January 12 2006 in Flint, Genesee County Michigan.           THE PLAINTIFF Michael P Doud, P 55491, for Plaintiff.           THE DEFENDANTS John Reseigh, P 24801, for Defendant.           OPINION           MICHAEL T. HARRIS, MAGISTRATE, 199, JUDGE          THE CLAIM          Plaintiff seeks compensation for injuries and diseases resulting from alleged exposures to chemicals and irritants in the workplace.          STIPULATIONS:

1. The parties are subject to the Michigan compensation laws on the date of injury alleged, 9/27/02.

2. The defendant was self-insured.

3. Plaintiff was in the employ of defendant on the date of injury alleged.

4. Notice was given and claim made according to statute.

5. The gross wage is $1396.47. The appropriate compensation rate is $644.00.

6. There is no dual employment.

7. The tax status is married, filing joint, with 1 dependent, wife Linda.

         ISSUES:

1. Whether plaintiff met with personal injury arising out of and in the course of his employment on or about the date alleged, 9/27/02.

2. Whether a disability resulted from the alleged injury.

3. Whether a wage loss has been incurred, and if so, the term and amount of compensation to be paid as a result.

4. Plaintiff’s entitlement to medical expenses and treatment.

5. Whether any benefits were paid or furnished for which coordination or offset would be appropriate under Section 354 or 358.

         SUMMARY OF THE EVIDENCE          JAMES KENDALL, plaintiff, was born in xxx and is currently a GM retiree. He was employed by GM in the late 1960s and rehired...