Allen Peters SS# xxx Plaintiff,
v.
Spartan Stores Associates/ Self-Insured, Defendant.
No. 2006-320
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
August 22, 2006
The
social security number and dates of birth have been redacted
from this opinion.
THE
TRIAL DATE: August 22, 2006
THE
PLAINTIFF Frederick W. Bleakley (P38860)
THE
DEFENDANTS Richard R. Symons (P43135)
OPINION
TIMOTHY MCAREE, MAGISTRATE (221G), JUDGE
CASE
SUMMARY
Trial
began in the morning without a stipulation to disability.
However, by the time the matter recommenced in the afternoon,
the parties had stipulated that the plaintiff was disabled as
far as his back condition is concerned. The parties also
stipulated that the August 8, 2003 injury involved a
contusion to the left thigh which had resolved and that all
benefits had been properly paid with respect to that
contusion. The parties stipulated that the sole remaining
issue was whether the plaintiff's back condition was
causally related to the work injury of August 8, 2003. The
parties further stipulated to a limitation of exhibits that
would be relevant to the back claim. It was stipulated that
Plaintiff's Exhibits 8 and 9, namely the depositions of
Dr. Kasten, were the only ones truly relevant on the issue of
causal relationship relative to the back. Defendant's
Exhibits A and B were both relevant. Exhibit A, the
deposition of Dr. Russo was relevant only with respect to the
plaintiff's knee condition which may have been a
contributing factor to the development of his back condition.
Only Exhibit B addressed the back condition itself.
THE
WITNESSES TESTIFYING AT TRIAL
THE
PLAINTIFF
Allen
Peters
While
there was earlier testimony concerning the disability, once
the parties stipulated to disability, the relevant testimony
from the plaintiff can be summarized as follows. The
plaintiff testified that he was not aware of any low back...
