Miller v. Ford Motor Co., 091219 MIWC, 7335
| Case Date | September 12, 2019 |
| Court | Michigan |
“Plaintiff injured neck, mid-back, and shoulders from extensive reaching and use of force with upper body in the course of employment.”STIPULATIONS The parties were subject to the Act. The self-insured employer carried the risk. The defendant employed the plaintiff. Defendant denied that a personal injury arose out of and in the course of employment Timely notice of the injury and timely claim for compensation was left to proofs. The average wage was $1,177.22. The appropriate compensation rate was $667.74. The plaintiff was not engaged in dual employment. That the plaintiff received benefits listed in Section 345 and 358 of the Act that reduce weekly benefits from July 26, 2016 through April 30, 2017 in the weekly amount of $700.00, total amount $27,797.00 (gross). IRS filing was married filing jointly. No dependents. WITNESSES TESTIFYING AT TRIAL Plaintiff Amelia Miller Defendant None WITNESSES TESTIFYING BY DEPOSITION Plaintiff 1. Mokbel D. Chedid, M.D. Defendant A. Dr. Paul Drouillard EXHIBITS Plaintiff 2. Ford OHSIM Records 3/02/15 – 12/23/15 Defendant B. Certificate for Disability Benefits – Ford Motor Company Hourly Employees, Dr. Bakshi, dated 8/29/11 C. Certificate for Disability Benefits – Ford Motor Company, Dr. Mokbel Chedid, dated 6/24/13 D. Henry Ford Records 7/13/16; 7/24/16; 7/26/16; 8/2/16; 8/18/16 E. Disability Action Reports F. Payroll Records TRIAL TESTIMONY Summary of the Testimony of Plaintiff Direct Examination Plaintiff began working for Defendant on September 22, 1999. Prior to that she was an executive secretary for ten years. She engaged in filing, helping other employees with the computer and assisting with the phones. Plaintiff was in the military from 1981 to 1984 performing sheet-metal work on aviation structures. She has an Associate Degree in criminal justice and a cosmetology license. At Defendant, Plaintiff works as an assembler. Her work is repetitive. In 2010, Plaintiff had a motor vehicle accident in which she suffered whiplash to her neck and a lower-back injury. In 2012 she underwent a lumbar fusion by Dr Chedid She was off more than three years for the 2010 motor vehicle accident. Plaintiff returned to work in 2014 with no restrictions. The job she was assigned was installing four screws over her head. She had to reach with her arms and look up to see what she was doing. She eventually began having pain in her neck. She testified she would go home from time to time. It was pointed out that ergonomically Plaintiff was “too short” to perform the job. When working, she had to reach to full extension. She started having “pinching” pain in her left side as well as tingling in her wrists and hands. Plaintiff reported the problem to the ergonomics department and was told that someone would be assigned to replace her. But, “Nothing was done”. Plaintiff went to Henry Ford and received “pain management”. She does not recall physical therapy. The pain did not get better while she was off work, so an MRI and Myelogram were performed. Dr Chedid performed surgery on January 3, 2017. She was proceeding well post-surgery when she had another auto accident. From July 19, 2016 until January 3, 2017 she could not perform her job. She was “in pain” a “could not lift up anything”. She could not have done any of the other jobs she had previously performed. She was recovering well until she was involved in a motor vehicle accident on February 20, 2017. It was not work related. Pain from the accident “began in the mid-portion of her neck, stabbing pains down to her shoulder”. She underwent more treatment. Ultimately, she returned to work on January 22, 2019. Cross Examination Plaintiff’s initial accident was in May 1995. She did not recall if an insurance claim was made regarding that accident. At DIFCO, she performed administrative and clerical work. She also worked as a dance instructor in the past. After her work accident, she did not look for work. After the motor vehicle accident in 2002, Plaintiff “recalls vaguely” a bodily injury claim. It was a three-car accident. The accident occurred at Michigan Avenue and Telegraph Roads. Plaintiff does not recall treatment. She believes she missed work but does not remember how much. She does not remember back and neck problems. She stated she was “off because of my wrist”. Plaintiff was asked about a medical record indicating a history of thoracic outlet syndrome, and Plaintiff stated “it was disproven. I do not have it.” When asked about an MRI in 2009, Plaintiff stated she remembered an MRI but does not recall when it took place. Plaintiff was off for three years after the 2010 motor vehicle accident and received Social Security disability benefits. In her application for Social Security benefits her allegations included back and neck conditions. Plaintiff does not bowl. She did not have any injury in the military. She boxed and worked out at a gym in approximately 1987. The cosmetology license was “used only on kids”. The criminal justice degree was obtained sometime in the 1980s but was never used. She does not work in cosmetology or criminal justice. Plaintiff said she did not work from July 2, 2016 to July 16, 2016. She said she worked July 19, 2016. That was her last day of work until she returned in 2019. Plaintiff only saw Dr. Chedid in 2016 for her neck issue. When she first saw Dr. Chedid in October 2016, he did not recommend surgery. Her symptoms did not improve while she was off work and “that is why surgery was done”. She received UNUM benefits. She also filed a lawsuit as a result of the 2017 motor vehicle accident. She did not receive wage replacement benefits, but she did receive money for her pain and suffering. Exhibit #1 Summary of Deposition Testimony of Dr. Chedid Direct Examination The deposition of Dr. Chedid was taken on October 25, 2018 at Henry Ford Hospital, West Bloomfield. Dr. Chedid is a neurosurgeon. He has been the Director of Neurosurgery and the Co-Director of Complex Spine Program since October 2006. Based on the transcript, it appears that Dr. Chedid’s records were not well organized and, as a result, the doctor’s testimony was a bit chaotic. Dr. Chedid treated Plaintiff in 2012 for injuries sustained in a motor vehicle accident. Ultimately. that treatment resulted in a fusion of the lumbar spine. (Chedid pp. 5 and 6) As of July 2014, the doctor had lifted all restrictions. (Chedid p. 6) The next time Dr. Chedid saw Plaintiff was in August 2016. (Chedid p. 6) At that time, Plaintiff “had problems with her “neck and shoulders”. Dr. Chedid thought she had a pinched nerve. Dr. Chedid sent Plaintiff to the pain clinic and ordered a myelogram. (Chedid pp. 8 and 9) On January 3, 2017, Dr. Chedid performed a discectomy arthrodesis with bone graft and stabilization at the C4 to C6. (Chedid p.8) The pre-op diagnoses were: “neck pain, cervical degenerative disc disease and cervical radiculopathy”. (Chedid p. 10) At the time of the surgery, Dr. Chedid found, “she had bone spurs, but we...
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