Konrad v. General Motors Corp., 053106 MIWC, 2006-305

• Case Date: May 31, 2006
• Court: Michigan

MARYANN KONRAD, SS# xxx, Plaintiff, v. GENERAL MOTORS CORP. Defendant No. 2006-305 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Board of Magistrates May 31, 2006          The social security number and dates of birth have been redacted from this opinion.           HEARING DATES: May 8, 2006 & May 24, 2006           ALLEGED DATES OF INJURY: 6-15-93, 8-12-96, 5-25-02.           Philip Della Santina (P12652) for plaintiff.           Thomas J. Ruth (P44434) for defendant.           OPINION           KENNETH A. BIRCH, MAGISTRATE – 227G, JUDGE          STATEMENT CLAIM:          Plaintiff claims that she was required to perform heavy repetitive work which caused bilateral Carpal Tunnel Syndrome. When asked to return to work, the work activities caused her to have severe pain, swelling, and numbness in her upper extremities to the point where she could not work.          LAY WITNESSES:          Plaintiff was the only lay witness.          EXHIBITS: Plaintiff:

Exhibit # 1, deposition of Dr. Gavin I. Awerbuck taken on 8-22-05;

Exhibit # 2, records of Dr. Dara Headrick;

Exhibit #3, EMG report from Dr. Nael Tarakji;

Exhibit #4, EMG report of Dr. Edward L Davis;

Exhibit # 5 plant medical records.

         Defendant:

Exhibit # A, Employee Local History:

Exhibit #B, medical records from GMVO Flint Truck Assembly;

Exhibit # C, 5-4-00 report from Dr. Timothy Snodgrass;

Exhibit #D, deposition of Dr. Annette G. Desantis taken on 6-8-02;

Exhibit # E, deposition of Dr. Joseph P. Femminineo.

         STIPUTATIONS:          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, that Plaintiff was in the employ of the respondent at the time of the alleged personal injuries, that the employer had notice of the alleged injury, and the claim was made within the statutory prescribed period. Plaintiff’s stipulated average weekly wage was $1227.19 for the injury date of 8-12-96, she was single, with no dependants, and had received sickness and accident and extended disability benefits.          LAY TESTIMONY:          Plaintiff was born on xxx, and was 71 years old at the time of the hearing. Her education consisted of a late graduation from high school and a subsequent associate’s degree from Baker’s College in Interior Decoration. She also had training as a beautician and had set up her own business when she began work at General Motors Truck...