Milligan-Hammon v. Allied Cash Advance Michigan LLC, 040317 MIWC, 2017-20

Docket Nº:2017-20
Case Date:April 03, 2017
Court:Michigan
 
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Georgilece Milligan-Hammon SS# XXX-XX-XXXX Plaintiff,
v.
Allied Cash Advance Michigan LLC, Travelers Insurance And Commerce and Industry Insurance Company Defendant,
No. 2017-20
Michigan Workers Compensation
State of Michigan Department of Licensing and Regulatory Affairs Michigan Administrative Hearings System Workers’ Compensation Board of Magistrates
April 3, 2017
         The social security number and dates of birth have been redacted from this opinion.           TRIAL DATE: February 2, 2017; February 14, 2017; March 3, 2017 (Briefs due)           Otis Underwood (P21678), attorney for the Plaintiff           Teresa Martin (P60939), attorney for Defendant Travelers Insurance           Brandon Rutkowski (P74381), attorney for Defendant Commerce and Industry Insurance Company           OPINION           E. LOUIS OGNISANTI, MAGISTRATE (246G) JUDGE.          STATEMENT OF CLAIM:          The Plaintiff by way of Application for Mediation or Hearing, signed by the claimant on November 7, 2013, received by the Agency on November 18, 2013, alleged the following date of injury: August 24, 2013, claiming the following:
"Armed Robbery victim of 8/24/2013 which caused suffering from severe anxiety, depression, insomnia, social withdrawal, diminished trust and sequalae."
         The Plaintiff filed an amended Application for Mediation or Hearing, signed by the claimant on March 20, 2015, received by the Agency on April 16, 2015, alleging the following dates of injury: June 1, 2012 and August 24, 2013, claiming the following:
"Incident #1: Armed robbery victim 6/1/2012. Robber struck her on the head with pistol; she fell hard; she has developed neck and low back pain. She had surgery on her neck in August 2014 and is scheduled for back surgery.
Incident #2: Armed Robbery victim of 8/24/2013 which caused suffering from severe anxiety, depression, insomnia, social withdrawal, diminished trust and sequalae."
         The Plaintiff filed another amended Application for Mediation or Hearing, signed by the claimant on August 18, 2016, received by the Agency on August 22, 2016, alleging the following dates of injury: June 1, 2012 and August 24, 2013, claiming the following:
"Claimant incorporates by this reference the information pleaded in the Petition on 10/28/13, and the 1st amendment of 3/20/15. This 2nd Amendment describes additional disabling conditions diagnosed and treated since Petitioner's last day worked (8/24/2013) which arose out of or was caused by the same manner of occurrence listed in the original Petition. These added ailments are:
1.) Shoulder injury from falling hard to the floor after being pistol whipped. Rotator cuff surgery in planning by J. Michael Wiater."
         STIPULATIONS:          The parties stipulated that both were subject to the Act at the time of the alleged injury; that the carrier was on the risk; that the Plaintiff was employed by the Defendant at the time of the alleged personal injury; that notice and claim were timely made. It was denied that a personal injury arose out of and in the course of employment and that Plaintiff is disabled as a result of the personal injury. Plaintiff was left to her proofs regarding her dependents. It was also stipulated that the average weekly wage for both dates of injury was $440.00 and the workers' compensation rate is $302.18.          WITNESSES TESTIFYING PERSONALLY:          Plaintiff:          Georgilece Milligan-Hammon, Plaintiff Andria Coil, Coworker          Ashley Hewlett, Plaintiff's niece          Defendant:          None          WITNESSES TESTIFYING BY DEPOSITION:          Plaintiff:          Gary R. Pierce, MD          Christopher Hulen, MD          Victor P. Al-Matchy, MD          Valeri Abbott, MD          Robert Ancell, Ph.D.          Defendant:          Saul Z. Forman, MD          Philip J. Mayer, MD          Jack D. Lennox, DO          Catherine Johnston, MA, LPC, NCC, CRC          EXHIBITS:          Plaintiff:          1. Police report – Madison Heights Police Department          2. Police report – Westland Police Department          3. Deposition transcript – Dr. Pierce (March 9, 2016)          3a. Deposition transcript – Dr. Pierce (June 22, 2016)          4. Deposition transcript – Dr. Hulen          5. Deposition transcript – Dr. Al-Matchy          6. Deposition transcript – Dr. Abbott          7. Deposition transcript – Dr. Ancell          8. Article regarding post-traumatic stress disorder – Not received          9. Deposition transcript – Dr. Pierce (January 23, 2017) – Not received          10. Decision from the Social Security Administration – Not received          11. Medical records – St. John Providence Health System, Eastwood Clinic          12. Computer printout regarding jobs          Defendant:          A. Deposition transcript – Dr. Forman          B. Deposition transcript – Ms. Johnston          C. Deposition transcript – Dr. Mayer          D. Deposition transcript – Dr. Dr. Lennox          E. Payroll information          F. Affidavit of Ms. Andria Coil          DISCUSSION          GEORGILECE MILLIGAN-HAMMON, PLAINTIFF          Plaintiff testified that she was born on xx/xx/xx. She graduated from Cody High School in Detroit in 1988. She attended Wayne State University for less than a semester and received very few credit hours. Her first job after high school was at Blue Cross Blue Shield of Michigan beginning in late 1989 or early 1990. She described her job as processing checks. She worked there for seven and a half years. She had no further education during that period of time.          In 2002 or 2003 she attended Oakland Community College and received a business degree and a liberal education degree. Both of these were two year associate degrees. She testified that she stopped working at Blue Cross Blue Shield after she got married to be a stay at home mother. She has two children, Jason, born on xx/xx/xx and Jasmine, born on xx/xx/xx.          She next worked at Home Depot in approximately 2001. She labeled her job as a "facilitator." She was sent to school to learn how to do a variety of home improvement type projects in order to help home owners perform these projects on their own. Her job appears to have been to instruct other people, i.e. customers, how to perform these projects. She had no physical problems while working for Home Depot.          She stopped working for Home Depot in 2003 or 2004 at which time she started her own business making sugar free cheese cake. She was living in Madison Heights and apparently ran this business out of her home which was called "Visions Unveiled."          During this period of time her primary care physician was Dr. Abbott. She was unsure of when she first saw Dr. Abbott. She testified she went to Dr. Abbott for annual examinations or for OBGYN matters. The business she started apparently had a decline in sales. This occurred perhaps during the recession in 2007/2008.          She began employment with Defendant Allied Cash Advance in May, 2012. She received no specific training. She was hired as an assistant branch manager. The location was in Westland on Merriman Road. She had previous experience with money and payroll when she had worked for Blue Cross Blue Shield. There were two other employees at this location at the beginning of her employment.          On June 1, 2012 near closing time at approximately 6:00 PM to 7:00 PM Defendant's location in Westland was the scene of a robbery. The Plaintiff described a man who had thick glasses who came up to a co-employee named Andria Coil talking very low. The other employee present was Ila Palmer. Ms. Palmer came over to the Plaintiff to help finish a report. The robber hit Plaintiff on the side of the head knocking her down. The robber had a gun. Plaintiff does not recall if the robber said anything. She fell on the floor. The robber then told her and Ms. Palmer to move. The Plaintiff and at least one of the other employees turned to face the wall. When asked to further describe how she was struck, Plaintiff testified...

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