Motton v. Henry Ford Health Systems, 071919 MIWC, 7324
| Case Date | July 19, 2019 |
| Court | Michigan |
Fell from desk chair, backwards; Falling on my back, head, and neck; while attempting to keep balance fell and injured right shoulder rotator cuff.The Plaintiff filed an amended Application for Mediation or Hearing, signed by the claimant on January 18, 2016, received by the Agency on January 21, 2016, alleging the following dates of injury: June 23, 2015, claiming the following:
Back, legs, significant aggravation of existing condition, right shoulder, right arm. Vocational assistance requested. Attorneys fees on medical expenses.STIPULATIONS: The parties stipulated that both were subject to the Act at the time of the alleged injury; the self-insured was on the risk; that the Plaintiff was employed by the Defendant at the time of the alleged personal injury; and that notice and claim were timely made. Plaintiff was left to her proofs 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. It was also stipulated that Plaintiff’s average weekly wage was $1,090.27; the value of fringe benefits was $130.10 and were discontinued on July 31, 2016; that the Plaintiff’s workers’ compensation rate is $625.09 per week (before July 31, 2016); and that Plaintiff files her taxes single with no dependents. WITNESSES TESTIFYING PERSONALLY: Plaintiff: Cortillia Motton, Plaintiff Michael Hamann Defendant: Annette Marcath WITNESSES TESTIFYING BY DEPOSITION: Plaintiff: Brian Rill, MD Mokbel Chedid, MD Barbara Feldman, MA, LPC, CCM Defendant: Jeffrey Lawley, DO Karen Grossberg EXHIBITS: Plaintiff: 1. Medical records – Henry Ford Health System 2. Deposition transcript – Dr. Rill taken on March 14, 2018 3. Deposition transcript – Dr. Rill taken on February 13, 2019 4. Deposition transcript – Dr. Chedid 5. Deposition transcript – Ms. Feldman taken on March 14, 2018 6. Deposition transcript – Ms. Feldman taken on February 22, 2019 7. Job log Defendant: A. Deposition transcript – Dr. Lawley taken on December 14, 2017 B. Deposition transcript – Dr. Lawley taken on January 24, 2019 C. Deposition transcript – Ms. Grossberg taken on March 26, 2018 D. Deposition transcript – Ms. Grossberg taken on May 3, 2019 E. Job description F. Performance review 2006-2007 G. Performance review 2009-2010 H. Job offer I. Performance review 2014 J. Medical records – HFWB West Bloomfield Emergency Department K. Medical records – CT results DISCUSSION MICHAEL HAMANN The first witness to be called by Plaintiff was Mr. Michael Hamann. Mr. Hamann is a human resource associate with the Defendant. He has held that positions for four years. He has no experience with workers’ compensation claims. He was aware of the issuance of a subpoena in April, 2018 requesting information. It appears 216 pages were supplied. Mr. Hamann did not know Plaintiff’s date of employment and had no particular knowledge with regard to Plaintiff’s alleged injury. He was not aware of the Application for Hearing. There appears to have been no records produced after 2006 with the exception of two documents. Mr. Hamann testified that the remainder of the records may be in the possession of a manager of in HR. The remaining records may also be electronic records. He did make an attempt the day prior to the hearing to secure Plaintiff’s performance evaluations. Mr. Hamann was also unaware of Plaintiff’s offer to return to work set forth in her Application for Hearing. He was unaware of the exact date of when he made his first attempt to secure further records. He was unaware of workers’ compensation payments to the Plaintiff in 2015. He acknowledged that other records may exist in electronic data form which would include performance evaluations and perhaps employment applications. Several questions were asked of Mr. Hamann regarding the location and nature of other records that were requested in the subpoena issued April, 2018. Based upon further questioning by the Undersigned as well as both counsel, it was determined that additional records were to be provided including but not necessarily limited to medical records from Providence Hospital; billing information; any records of investigation regarding Plaintiff’s alleged injury and Plaintiff’s employment application. The hearing was adjourned on May 8, 2019 to allow Defendant further time to secure records pursuant to the 2018 subpoena. When the hearing resumed on June 7, 2019, a few more documents were found. The employment application for Plaintiff was in the employee file. Plaintiff’s 2014 performance review was in the EHR department. Mr. Hamann was unaware of the printout for benefits paid. He further testified that in 2010/2011 there was a pilot program to transfer performance reviews to electronic data. There was further questioning with regard to Plaintiff’s performance evaluations for the years 2007 through 2013. Plaintiff’s counsel indicated that the records were not made available to him. Mr. Hamann could not say who specifically had those evaluations. He believed evaluations for some of those years has been provided. When questioned as to why Plaintiff last worked in 2015 and whether there was any record regarding her exit, Mr. Hamann indicated that there may be an electronic record but he was unaware of any exit interview. Mr. Hamann was not familiar with the Plaintiff’s job description which was identified as Exhibit E. The description appears to have been last revised in April, 2014. Mr. Hamann was not there in 2014 and therefore does not know who made the revisions. The witness was not familiar with the physical demands of the job. On cross-examination of Mr. Hamann, defense counsel asked no specific questions; however, the performance evaluations for 2006-2007; 2009-2010 were marked as Exhibits F and G. Defendant’s Exhibit H is a letter dated September 25, 2014 directed to Plaintiff offering her a position as a Functional Tester which pre-dates her alleged date of injury. Defendant’s Exhibit I is performance evaluation for the period April 1, 2014 to March 31, 2015. On re-direct examination, the witness was asked to review the 2014 performance evaluation indicating that Plaintiff was a role model and was an honest employee. The witness was also shown Defendant’s Exhibit H which was an offer of employment described above. CORTILLIA MOTTON, PLAINTIFF The next witness to testify was the Plaintiff, Cortillia Motton. Plaintiff testified that she was divorced in 2009 and was not married at the time of her alleged injury. She is single and has no dependents. She had no second job at the time of her alleged injury. She began working for the Defendant in 1989 and last worked on June 23, 2015. She testified that she reviewed the transcripts of Ms. Feldman’s depositions and...
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