Miller v. General Motors Corp., 061406 MIWC, 2006-373

Case DateJune 14, 2006
CourtMichigan
WILLIAM MILLER, SS3 xxx, Plaintiff
v.
GENERAL MOTORS CORP. Defendant
No. 2006-373
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Board of Magistrates
June 14, 2006
          HEARING DATE: May 30, 2006           ALLEGED DATES OF INJURY: 3-17-03, 4-27-04.           John Chowning (P38093) for Plaintiff.           Thomas J. Ruth (P44434) for Defendant.           OPINION           KENNETH A. BIRCH, MAGISTRATE - 227 G, JUDGE          STATEMENT OF CLAIM:          Bending, turning, and twisting resulted in a neck and back injury resulting in disability; and, continued employment significantly aggravated these conditions leading to disability.          LAY WITNESSES:          Plaintiff          EXHIBITS:          Plaintiff:
Exhibit # 1, deposition of Dr. Jacquelyn Lockhart;
Exhibit # 2, plant medical records;
Exhibit # 3, records of Dr. Kavit Kesari;
Exhibit # 4, letters from Dr. Vivekanand Palavali;
Exhibit # 5, injury report of 3-17-03.
         Defendant:
Exhibit # A, deposition of Dr.Nathan Gross, taken on 3-2-06;
Exhibit # B, MRI of 3-27-04;
Exhibit # C, physical therapy records of 4-2-04;
Exhibit # D, McLaren hospital records;
Exhibit # E, GM physician report, 8-11-05.
         STIPULATIONS:          The parties stipulated that both the employer and employee were subject to the act on the date of injury, that the self insured carried the risk, that Plaintiff was in the employ of the respondent at the time of the alleged personal injuries, that the employer had notice of the alleged injury, and the claim was made within the statutory prescribed period. Plaintiff’s stipulated average weekly wage was $1309.64, for the date of injury. Plaintiff had received sickness and accident and extended disability benefits. Plaintiff had three dependants on the date of injury.          LAY TESTIMONY:          Plaintiff began his training as a pipe fitter apprentice...

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