Mansour v. Spirit Airlines Inc., 010510 MIWC, 2010-124

• Case Date: January 05, 2010
• Court: Michigan

Yasser M. Mansour, SSN: XXX-XX-XXXX, Plaintiff, v. Spirit Airlines Inc./ A. I. U. Insurance Company and Libancell/No Record of Coverage and Khaled Communications Inc./No Record of Coverage Defendants. No. 2010-124 Michigan Workers Compensation State of Michigan Department of Energy, Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates January 5, 2010          The social security number and dates of birth have been redacted from this opinion.           Daniel M. Rhodes, P-31821, for plaintiff           William A. Day, P-25656, for Spirit Airlines           OPINION           CAROL R. GUYTON, MAGISTRATE Judge. (194G)          STATEMENT OF CLAIM          On August 9, 2007 plaintiff filed an Application for Hearing where he asserted that he injured his back, neck, and right leg on February 25, 2005. The injury occurred while stacking baggage. On March 2, 2009, Spirit Airlines filed a Form C adding Libancell with an injury date of August 2005. On June 10, 2009 another Form C was filed against Khaled Communications with the same injury date. Plaintiff is seeking wage loss and medical benefits under the Act.          STIPULATIONS          The parties agree that they are subject to the Act, that A.I.U. insured Spirit Airlines and that plaintiff worked for Spirit Airlines on February 25, 2005. Notice and Claim were timely. Plaintiff’s average weekly wage is $615.31. The value of discontinued fringe benefits is $240. They were discontinued as of March 31, 2005. There was no dual employment. Proofs were requested regarding whether plaintiff received benefits that can be offset. Workers’ compensation was not paid. Defendant denied that plaintiff has a work-related disability. Plaintiff’s IRS tax filing status is Married/Joint. Proofs were requested regarding whether he has dependents.          EXPERT WITNESSES – TESTIMONY BY WAY OF DEPOSITION          Plaintiff          Peter Samet, M.D., Board Certified in Physical Medicine and Rehabilitation, Deposition taken January 19, 2009          Robert Ancell, Ph.D., Vocational Rehabilitation Counselor, Deposition taken February 4, 2009          Defendants – Spirit Airlines          Philip J. Mayer, M.D., Board Certified Orthopedic Surgeon, Deposition taken February 3, 2009          Guy A. Hostetler, C.R.C., C.D.M.S., Vocational Counselor, Deposition taken August 10, 2009          EXHIBITS Plaintiff

bordercolor="#111111"> 1. Deposition Transcript – Dr. Samet admitted 2. Deposition Transcript – Dr. Ancell admitted 3. Medical Records from Dr. Riabova admitted 4. Medical Records from Dr. Zouabi admitted 5. Medical Records from Concentra admitted 6. Medical Records from Annapolis Hospital admitted 7. Medical Records from Dr. Khoury admitted 8. Medical Records - St. Mary Mercy Hospital admitted 9. Medical Records from Dr. Bono admitted 10. Medical Records – Oakwood Hospital admitted 11. Medical Records – Eastwood Clinic not admitted (not relevant) 12. Medical Records – Mich. Institute of Pain Mgmt. admitted

         EXHIBITS (Continued)          Defendants - Spirit Airlines

bordercolor="#111111" width="341"> A. Deposition transcript – Dr. Mayer admitted B. Deposition transcript – Mr. Hostetler admitted C. Surveillance CD admitted D. Surveillance CD admitted E. Surveillance Report admitted

         WITNESSES TESTIFYING LIVE AT TRIAL          Plaintiff          Yasser M. Mansour          Defendants - Spirit Airlines          Ibrahim Khaled          Richard Strain          HEARING DATES          October 20, 2009, November 3, 2009, November 12, 2009, December 1, 2009          SUMMARY OF TRIAL TESTIMONY          Plaintiff testified that he was born XXXXX He was born in Lebanon where he finished high school. After high school he took courses in electrical engineering. He came to the United States in 1981/1982. In 1987/1988 he married Amol. They have two children, Zahra, born xxxx and Nadia, born xxxx. His daughters live with him and he supports them. While he worked at Spirit Airlines his wife babysat, earning $200 weekly. Plaintiff provided more than 50% of her support.          Upon arriving in the United States plaintiff worked at various gas stations where he sold and pumped gas. He earned $5.00 to $6.00 an hour. Right before he started working for defendant he was a gas station manager. His employer owned several stations. Plaintiff made sure the inventory was full and the accounting was correct. He supervised the employees. At one point plaintiff moved to Florida for six months. He worked at a store stocking shelves. He lifted bags of dog and cat food. He has taken four semesters of classes at Wayne County Community College. While working at a gas station he was shot. The bullet logged by his heart and could not be removed. At the time, he was told he had six months to live.          Plaintiff...