Lavrack v. General Motors Co., 060519 MIWC, 7318

Case DateJune 05, 2019
CourtMichigan
Heather Lavrack SS# XXX-XX-XXXX Plaintiff,
v.
General Motors Company, Self-Insured Defendant,
No. 7318
Michigan Workers Compensation
State of Michigan Department of Licensing and Regulatory Affairs Michigan Office of Administrative Hearings And Rules Workers’ Compensation Board of Magistrates
June 5, 2019
         The social security number and dates of birth have been redacted from this opinion.           TRIAL DATE: May 15, 2019           Timothy S. Burns (P45661), attorney for the Plaintiff           Thomas J. Ruth (P44634), attorney for the Defendant           OPINION           E. LOUIS OGNISANTI, MAGISTRATE (246G) JUDGE.          STATEMENT OF CLAIM:          The Plaintiff by way of Application for Mediation or Hearing, signed by the claimant on March 9, 2016, received by the Agency on March 11, 2016, alleged the following date of injury: February 4, 2016, claiming the following:
Slipped, fell, suffered injury to right wrist and left knee. Repetitive, heavy work caused or significantly aggravated disability to bilateral knees. Plaintiff seeks a 30% attorney fee on reasonable and necessary medical.
         Plaintiff filed an amended Application for Hearing on May 13, 2016 claiming the same as the original Application. Plaintiff filed another amended Application for Hearing on July 8, 2016 claiming the following:
Slipped, fell, suffered injury to right wrist and left knee. Repetitive, heavy work caused or significantly aggravated disability to bilateral knees. Surgery for knee resulted in complications including, but not limited to Stevens-Johnson syndrome. Benefits wrongfully denied. Trial requested within 60 days. Plaintiff seeks a 30% attorney fee on reasonable and necessary medical.
         Plaintiff filed a third amended Application for Hearing on November 28, 2016 claiming the following:
Slipped, fell, suffered injury to right wrist and left knee. Repetitive, heavy work caused or significantly aggravated disability to bilateral knees. Fall also caused injury to low back. Benefits wrongfully denied. Trial requested within 60 days. Plaintiff seeks a 30% attorney fee on reasonable and necessary medical.
         An Application for Hearing – Form C was filed by the Defendant on May 12, 2016 stating:
Plaintiff is not entitled to benefits because Plaintiff cannot establish that the conditions alleged in Plaintiff’s Application are compensable personal injuries under the applicable provisions to WDCA, or that Plaintiff sustained a disability and/or any wage loss as a result of the alleged personal injury.
         STIPULATIONS:          The parties stipulated that both were subject to the Act at the time of the alleged injury; the self-insured was on the risk; that the Plaintiff was employed by the Defendant at the time of the alleged personal injury; that notice and claim were timely made. It was denied that a personal injury arose out of and in the course of employment and that Plaintiff is disabled as a result of the personal injury. Plaintiff was left to her proofs regarding tax filing status and dependency.          It was also stipulated that Plaintiff’s average weekly wage was $1,702.25 with an appropriate compensation rate of $842 per week. Fringe benefits are currently still being paid by the Defendant.          WITNESSES TESTIFYING PERSONALLY: Plaintiff:          Heather Lavrack, Plaintiff          Defendant:          None          WITNESSES TESTIFYING BY DEPOSITION:          Plaintiff:          Paul LaClair, MD          Michele Robb, MA, CRC, LPC          Defendant:          Catherine Johnston, MCC, CRC          EXHIBITS:          Plaintiff:          1. Deposition transcript – Dr. LaClair          2. Deposition transcript – Ms. Robb          3. Medical records – GM Medical          4. Medical records – Dr. Linehan          5. Medical records – Dr. Wolohan          6. Medical records – Dr. Sobol          7. Plaintiff’s job logs          8. Agency Form 105(A) with job detail forms          Defendant:          A. Deposition transcript – Ms. Johnston          B. Medical records – McLaren Bay Region          C. Medical records – Dr. Wolohan          D. Medical records – Sladek          E. Medical records – Dr. Bach          F. Medical records – Dr. LaClair          DISCUSSION          HEATHER LAVRACK, PLAINTIFF          Plaintiff testified that she was hired by the Defendant in 1999. She disclosed that prior to her employment with Defendant she was involved in a snowmobile accident sustaining injuries to her right knee and left wrist. When she was hired by Defendant she had no restrictions. She described her job as involving constant standing on concrete floors and rubber mats. She also described her employment as involving gripping and lifting parts weighing anywhere from 8 to 25 pounds.          She further disclosed that she sustained a fracture of her right wrist in 2003. She testified she recovered from that injury and returned to work without restrictions. She also disclosed a prior left knee injury in 2003 which was nonoccupational which she described as a mild knee sprain. She further testified that she received no treatment of any kind for her right wrist and left knee following those nonoccupational events until after her alleged compensable injury on February 4, 2016. Plaintiff also confirmed a complaint of left leg pain in 2015 which involved the removal of a melanoma in her left leg. She fell getting out of bed and hurt the incision on her leg. She testified that she worked without restrictions until February 4, 2016.          She described her injury on February 4, 2016 as a slip and fall injuring both her left knee and right wrist. Her complaint provided to the medical department of the Defendant was with regard to her wrist only. MRI diagnostic studies revealed findings. The Plaintiff agreed that Dr. Sladek found that Plaintiff had a disability with regard to the right wrist. It appears Dr. Sladek also indicated that the injury to Plaintiff’s left knee was aggravated by the fall. Dr. LaClair testified that Plaintiff’s left knee was related to her injury and further provided significant restrictions for both the left knee and the right wrist.          Plaintiff’s Exhibit 7 are job logs. Plaintiff testified that she prepared the logs and applied for all of the jobs set forth in the logs. Defense counsel voir dired the Plaintiff with regard to the preparation of those job logs. Part of the logs were typewritten, and part were handwritten. Plaintiff acknowledged that she received help from her aunt in typing the logs. She further testified that her attorney provided her with different forms to fill out in connection with her job search. Plaintiff was unsure as to the exact date of when the forms were provided but believes they were approximately two years ago. These logs have been in her possession for at least one year. The logs indicate that Plaintiff’s initial job search was in June, 2016. Plaintiff’s Exhibit 7 was received into evidence.          Plaintiff was married at the time of her injury and is currently still married. Her tax filing status is married filing joint.          With regard to her employment prior to her work with Defendant, Plaintiff identified the Form 105(A) which she prepared. This is Plaintiff’s Exhibit 8. Plaintiff is a high school graduate in 1988. She did take some home health care classes. She also attended Delta College for one year taking general courses.          Regarding her employment prior to her job with Defendant, Plaintiff worked for Famous Footwear as a sales person as well as a stock clerk. She testified that she could not perform that job at the current time because she could not lift boxes and would be on her feet most of the time assisting customers. Plaintiff had other employment with Burlington Coat Factory as well as Big Boy working as a server from 1989 to 1992. Plaintiff testified that she could not do either one of those jobs at the present time. She worked at Extra Super Market in the deli department from July, 1993 until July, 1994. She testified that this job involved carrying boxes with meat from a refrigerator and thereafter slicing the meat which involved her being on her feet all day. Her final job before her job with Defendant was at Saginaw...

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