ALEX J. LARSEN, SSN: XXX-XX- xxx, PLAINTIFF, v. DANA CORPORATION/ SELF-INURSED, DEFENDANT, and JEREMIAH C. MCCLURE, SSN: XXX-XX- xxx, PLAINTIFF,
v.
DANA CORPORATION, SELF-INSURED, DEFENDANT. ORDER
No. 2006-296
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
June 19, 2006
The
social security number and dates of birth have been redacted
from this opinion.
Hearing Date May 31, 2006
Harry
D. Hirsch, P-14997, for Mr. Larsen
Judith
A. Schornack-Smith, P-34048, for Mr. McClure
Jerry
Newman, P-41007, for Grange Mutual
Jeffrey C. Hart, P-69217, for Dana Corporation
OPINION
CAROL
R. GUYTON, MAGISTRATE (194G), JUDGE
STATEMENT
OF CLAIM
Plaintiffs
were injured as a result of an auto accident that occurred on
July 23, 2003 while they were out of town on a business trip
for defendant. The cases were consolidated to determine
whether the accident occurred out of and in the course of
their employment for Dana Corporation. Plaintiffs will be
allowed to further develop their cases if there is a finding
of compensability.
Both
plaintiffs have filed a petition with the Workers’
Compensation Agency. Mr. Larsen’s was filed on
September 22, 2005. He alleged he fractured his arms and lost
the sight in one eye. Mr. McClure’s petition was filed
on December 2, 2005. He asserted that he fractured his right
femur and injured his left arm. He also asserted that he
suffered deep vein thrombosis, along with a spine injury and
other complications that affected his heart and chest. In
addition to plaintiffs’ petitions, Grange Mutual
Casualty Insurance, the no-fault carrier for the driver, has
filed a Form C – Petition to Determine Rights. Grange
Mutual asserts that the accident arose out of and in the
course of the employment.
STIPULATIONS
The
parties agreed that they are subject to the Act, Section 115.
They also agreed that Dana Corporation employed the
plaintiffs on July 23, 2003 and that Dana was self insured on
that date. Notice and claim were timely.
WITNESSES
Jeremiah
McClure Alex Larsen
DISCUSSION
OF TESTIMONY
It was
decided that Alex Larsen would present his case first.
Because of Mr. Larsen’s head injury from the accident,
he does not remember the details of the accident day. The
first witness was Jeremiah McClure, a
coworker and fellow passenger in the car. Mr. McClure
testified that he lives at 514 Ball St., Muldraugh, KY 40155.
He is 28 years old. He is currently employed at Dana
Corporation. He had worked there one year prior to the
accident. He is employed as a welder. This is the only
position he has held with Dana...
