JAMIE F. LINFORD, SSN: XXX-XX-XXXX, Employee-Respondent,
v.
OTIS ELEVATOR COMPANY and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Employer & Insurer – Petitioners.
No. 7319
Michigan Workers Compensation
State of Michigan Department of Licensing and Regulatory Affairs Michigan Office of Administrative Hearings And Rules Workers’ Compensation Board of Magistrates
May 24, 2019
The
social security number and dates of birth have been redacted
from this opinion.
HEARING DATES: Trial of this matter was conducted on April
17, 2019.
For
Employee-Respondent: J. Timothy Esper (P27971)
For
Employer-Petitioners: Cameron C. McComb (P33842)
OPINION & ORDER
David
H. Williams, Magistrate (G253) Judge.
PREVIOUS
PROCEEDINGS:
At an
earlier date (March 2012) employee Linford had filed a
Petition for Hearing seeking workers’ compensation
benefits attributable to injuries he allegedly sustained in
connection with his employment with Otis Elevator on
September 26, 2002 as well as February 2
nd and
7
th, 2012, the former being a specific event
incident involving his right shoulder only and the latter
being in the nature of a “last day of work”
cumulative trauma type of claim in relation to both
shoulders. That case did not proceed to trial but was
resolved in part via settlement and Redemption, leaving the
issue of medical open, which took place on December 14, 2014.
All other elements of any claim for workers’
compensation benefits available under the Michigan
Workers’ Disability Compensation Act
(“WDCA”), save for those relating to medical care
were disposed of and finalized by the terms of the Order
issued by Magistrate David M. Kurtz on the aforementioned
date.
CLAIM:
The
employer, Otis Elevator Company,
[1] initiated the instant proceedings
via the filing of an Application for Mediation or Hearing
– Form C on November 9, 2017. Therein it was requested
that: “Petitioner seeks a determination whether a work
related injury on or about September 26, 2002 caused
aggravated, accelerated or contributed to claimant’s
current left shoulder diagnosis, treatment or complaints in a
significant manner.” In other words, Petitioners sought
a decision as to whether a left shoulder condition involving
its employee, Jamie F. Linford, was causally related to his
employment with Otis Elevator.
This
matter was referred to the Board of Magistrates for hearing
and scheduled for an initial Pre-Trial on January 29, 2018.
Both parties were ultimately represented by counsel whose
identities are set forth above. After a number of preliminary
pre-hearings and conferences, the case was tried as above
noted. At that proceeding the underlying facts were presented
via Stipulations of the respective parties and admission of
evidence as further set forth below. Both sides also
submitted Briefs for review and consideration by this
Magistrate in connection with rendering a determination on
the issue presented.
The
issue as framed by the Petitioners is as follows:
Whether Plaintiff (employee Linford) established a
work-related disability of his left shoulder?
The issue as framed by the Respondent is almost identical,
being:
Does Plaintiff have a compensable left shoulder condition?
Both parties submit that the answer is “No.”
STIPULATIONS:
All the
underlying jurisdictional issues (both parties being subject
to the Act, the named insurer being on the risk for the date
of injury at issue and that the Respondent was in the employ
of Otis Elevator at the time of said alleged injury) were
admitted by Petitioners. The same held true for Notice and
Claim being timely. The matter of whether a personal injury
(to the left shoulder) arose out of and in the course of
employment was left to proofs, with the question as to
whether any claimed disability was due to the alleged injury
being denied by Petitioners. Other stipulations as to wages,
fringe benefits, dual employment, alternative benefits
subject to coordination, dependency and the like were deemed
inapplicable herein.
WITNESSES
TESTIFYING:
Jamie L
Linford (via deposition)
EXHIBITS:
Petitioners:
A.
Transcript of the deposition testimony given by Mr. Linford
on 1/9/19.
B.
Medical Report of Mary K. Kneiser, M.D. dated 10/25/12.
Respondent:
None
LAY
TESTIMONY:
Jamie
L. Linford:
...
