Moulton v. Middleton Towing and Auto Owners Insurance Co., 043005 MIWC, 2006-358

• Case Date: April 30, 2005
• Court: Michigan

JOSEPH D. MOULTON, SS# xxx, Plaintiff,, v. MIDDLETON TOWING and AUTO OWNERS INSURANCE COMPANY, Defendants, No. 2006-358 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates April 30, 2005          The social security number and dates of birth have been redacted from this opinion.           Hearing Date: April 21, 2006 in Sault Ste. Marie           Briefs Submitted: May 17, 2006           For Plaintiff: Michael D. Nelson, Atty. (P29037)           For Defendant: Michael D. Smith, Atty. (P43084)           OPINION/ORDER           THOMAS G. MOHER, MAGISTRATE (222G), JUDGE          WITNESS TESTIFYING IN PERSON:          Joseph D. Moulton          WITNESS TESTIFYING BY DEPOSITION:          Michael E. Holda, M.D. taken on April 10, 2006          TRIAL EXHIBITS:

Plaintiff’s Exhibit 1 - Subpoenaed Medical Records of Helen Newberry Joy Hospital

Plaintiff’s Exhibit 2 - Richard W. Ganzhorn, M.D. Medical Records

Plaintiff’s Exhibit 3 - War Memorial Hospital Medical Bill

Plaintiff’s Exhibit 4 - David R. Hunter, D.P.M. Medical Records

Plaintiff’s Exhibit 5 - Richard W. Ganzhorn, M.D. Medical Bill

Plaintiff’s Exhibit 6 - David R. Hunter, DPM Medical Bill

Plaintiff’s Exhibit 7 - Kim Hanert, D.O. Medical Bill

Defendant’s Exhibit A - Subpoenaed Medical Records of Helen Newberry Joy Hospital/Kim Hanert, D.O.

Defendant’s Exhibit B - Deposition of Michael E. Holda, M.D. taken on April 10, 2006

         STATEMENT OF CLAIM          Plaintiff claims an injury to his right foot and ankle on January 26, 1993 when a steel plate was dropped onto his right foot.          He is now requesting medical benefits for treatment, which occurred at a much later date when he had problems with his ankle and had to be treated by Dr. Richard W. Ganzhorn and Dr. David R. Hunter.          Plaintiff was seen by Dr. Ganzhorn on two occasions; the initial visit being on July 22, 2004 and Dr. Hunter saw him on February 23, 2005 with a chief complaint of pain and swelling through his right foot.          STIPULATONS          The stipulations taken by the Court were as follows:

1. It was admitted that both the employer and the employee were subject to the compensation law on the date of the injury alleged.

2. It was admitted that the respondent insurance carrier/self-insured carried the risk.

3. It was admitted that the employee was in the employ of the respondent at the time of the alleged personal injury.

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