Montgomery v. General Motors Corp., 072606 MIWC, 2006-365

• Case Date: July 26, 2006
• Court: Michigan

LINDA J. MONTGOMERY, SS# xxx, Plaintiff, v. GENERAL MOTORS CORP. Defendant No. 2006-365 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Board of Magistrates July 26, 2006          The social security number and dates of birth have been redacted from this opinion.           HEARING DATE: June 8, and July 18, 2006.           ALLEGED DATES OF INJURY: 8-27-96 and 10- 11-96           Robert MacDonald ( P54801) for Plaintiff.           Thomas J. Ruth (P44434) for Defendant.           OPINION           KENNETH A. BIRCH, MAGISTRATE - 227 G, JUDGE          STATEMENT OF CLAIM:          Plaintiff’s work required repetitive, strenuous use of upper extremities along with torquing tools and work outside restriction initially causing Bilateral Carpal Tunnel Syndrome, sequelae, including RSD. The standing, walking, and climbing I have had to do have significantly aggravated an arthritic condition of my lower extremities.          LAY WITNESSES:

Plaintiff.

         EXHIBITS:          Plaintiff:

Exhibit # 1, deposition of Dr. Gerald Joseph Jerry;

Exhibit # 2, records of Dr. Robert Galpinski;

Exhibit # 3, defendant’s medical records.

         Defendant:

Exhibit # A, deposition of Dr. Nathan Gross;

Exhibit # B, claim for sickness and accident benefits;

Exhibit # C, records from Dr. Jerry.

         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, and that Plaintiff was in the employ of the respondent at the time of the alleged personal injuries. Defendant had notice of the 10-11-96, injury and the claim was made within the statutory period. Weekly wage loss benefits for 1996 were stipulated as $405.45. Plaintiff had received sickness and accident benefits, and extended disability benefits.          LAY TESTIMONY:          Before beginning her job with General Motors in 1985, Plaintiff had worked as a waitress for twenty years and for a short time as a cashier at Montgomery Wards. Plaintiff’s first job was putting motor mounts in cars. She subsequently began stripping flash off fenders; it required her to use a knife to cut flash and hit the part with a hammer. She completed 65-75 parts an hour. After a...