Fernandes Loyd, SS# XXX-XX-XXXX, Plaintiff,
v.
Swanson Funeral Home/ No Record of Coverage, Defendant.
No. 7334
Michigan Workers Compensation
State of Michigan Department of Licensing and Regulatory Affairs Michigan Administrative Hearings System Board of Magistrates
September 30, 2019
The
social security number and dates of birth have been redacted
from this opinion.
Timothy J. Simon (P33890) for Plaintiff.
No
Appearance for Defendant.
ORDER
LISA
L. WOONS, MAGISTRATE (254G) JUDGE.
TRIAL A
hearing was held on September 4, 2019 in Okemos, Michigan.
Plaintiff's counsel was given until Thursday, September
19, 2019 to submit the listed exhibits. The record was closed
on September 19, 2019.
CASE
SUMMARY AND PROCEDURAL HISTORY
This
action commenced with an Application for Mediation or Hearing
- Form A received by the Agency on August 3, 2017. The
Application alleges a January 14, 2016 date of injury. On
that date, Mr. Loyd, Plaintiff, fell on the ice, fracturing
his left foot and ankle and also injuring his left knee.
Plaintiff is seeking wage loss benefits, medical benefits and
all other benefits allowed under the WDCA. Additionally,
Plaintiff is requesting that the employer be ordered to
reimburse his attorney fee on the medical he is required to
pay. The Application also alleged dual employment with
Hi-Tech Protection and Security. The Second Injury Fund/Dual
Employment Provision was a party to the litigation, but they
were dismissed prior to the commencement of trial.
The
Defendant did not appear, nor sought legal representation.
The case was noticed for trial certified mail. Ultimately, a
letter was prepared dated June 26, 2019 which was sent
certified mail advising Defendant of the trial date. That
document was signed for by M. Rae on July 18, 2019. The
delivery address was the same address listed on all notices
for hearing. Defendant had notice by way of their signature
receipt; the letter advised the case was scheduled for trial
on September 4, 2019 with a number one status. The letter
also advised that my findings, Opinion and Order are
enforceable in Circuit Court.
STIPULATIONS
As
there was only one party present, the typical stipulations
were not completed. Plaintiff is claiming an average weekly
wage excluding fringe benefits of $600.00 to $750.00. He did
not have any discontinued benefits. He also claims a
single/no dependent IRS filing status.
ISSUE
FOR TRIAL
1. Did
Plaintiff sustain a work-related injury arising out of and in
the course of his employment at Swanson Funeral Home on
January 14, 2016?
2. Did
Plaintiff prove a medical impairment and disability which
arose out of the alleged injury date?
3. Did
Plaintiff prove a wage loss caused by his disability?
4. Did
Plaintiff prove medical treatment/bills related to his
work-related injury?
5. Is
Plaintiff entitled to an attorney fee on medical bills paid
by Medicaid and Equian?
WITNESSES
TESTIFYING PERSONALLY
Plaintiff:
Fernandes Loyd
Defendant:
None
WITNESSES
TESTIFYING BY DEPOSITION
Plaintiff:
None
Defendant:
None
EXHIBITS
Plaintiff:
Plaintiff's
Exhibit 1: Stat EMS records (4 pages). Page 1 shows the
total billed amount as $726.48 with $108.26 being paid by
Medicaid.
The
report is dated January 14, 2016. The narrative states
Priority 2 called to Swanson Funeral Home for a 51-year-old
male. Possible broken left ankle and knee sitting in chair
outside with belongings. Patient is stable with no immediate
life threats. Must go by stretcher due to obvious swelling
and possible deformity in left ankle and knee. He was moved
to the ambulance and transported to Hurley Medical Center.
Plaintiff's
Exhibit 2: Hurley Medical Center records (41 pages).
Plaintiff
was admitted on January 14, 2016 with a closed fracture of
the fibula, lateral malleolus, left. He had a fracture of the
left fourth metatarsal. He had a displaced fracture of the
proximal phalanx of the fifth digit on left foot.
By
history, Plaintiff had fallen on snow. He was seen by Jeffrey
Peck, M.D. He is a 51-year-old gentleman who sustained a left
foot ankle injury when he slipped on the ice. Per the
emergency room physician, he is in NAD. He has tenderness
about the ankle and foot. The skin is intact and the LLE
(left lower extremity) is neurovascularly intact.
X-rays
demonstrate a nondisplaced Weber C lateral malleolus
fracture. Additionally, there is a minimally displaced left
fourth metatarsal neck fracture and a minimally displaced
left foot fifth digit proximal phalanx fracture. There does
not appear to be a middle phalanx in the left foot fourth or
fifth digits.
Mr.
Loyd is a 51-year-old gentleman who sustained a left
nondisplaced Weber C lateral malleolus fracture, a minimally
displaced left fourth metatarsal neck fracture in a slip and
fall on the ice today. Ortho recommends application of a left
short-leg splint, nonweight bearing of the left lower
extremity, ice and elevate to aid with pain control and
swelling, and smoking cessation. Follow up with Dr. Fernandez
in his office in one week.
Left
foot x-ray showed a fracture of the proximal phalanx of the
fifth toe with comminution and extension to the articular
surface. No dislocation. Deformity is present at the fracture
site. There is a nondisplaced fracture of the neck of the
fourth metatarsal of the left foot present. There is slight
widening of the joint space between the medial cuneiform and
the base of the second metatarsal and also the first
metatarsal, possibility of Lisfranc-type ligamentous injury
is not ruled out.
Ankle
x-rays showed a nondisplaced fracture of the distal portion
of the fibular shaft. This line extends up to the distal
tibiofibular syndesmosis. However, no abnormal widening of
the syndesmosis seen. Talar dome is intact. Ankle mortise is
preserved. X-ray of the left femur is normal.
On
January 21, 2016, the diagnosis was fracture of the lateral
malleolus, left, closed, with routine healing. 51-year-old
male, who fell roughly one week ago and complained of pain
and swelling of his left lower extremity, including the knee
and ankle. The patient complains of pain in the superior
patellar region, as well as the area of the proximal fibula,
some at the lateral malleolus and the entirety of the foot,
and the fifth toe; denies numbness or weakness. He has been
unable to extend his knee since the injury. He has not been
able to bear weight since the injury. Impression: 51-year-old
male who slipped on the ice roughly one week ago who was sent
directly from the emergency department with a nondisplaced
left Weber C lateral malleolus fracture and possible
quadriceps tendon tear. He has a possible ligamentous
Lisfranc injury, a proximal fibula fracture of fourth
metatarsal neck fracture, as well as a displaced proximal
phalanx base fracture of the toe.
The
patient was put into a short-leg cast. He is to remain
nonweight bearing on the left lower extremity. He was given a
prescription for a CT of the left foot as well as an MRI of
the left knee to evaluate for the Lisfranc injury and
quadriceps tendons tear respectively. The...
