Powell v. Nexteer Automotive Corp., 121718 MIWC, 2018-45
Case Date | December 17, 2018 |
Court | Michigan |
a. The Plaintiff was paid weekly workers’ compensation benefits at the rate of $583.22 from November 11, 2013 to January 5, 2014; March 5, 2014 to January 4, 2015; and June 18, 2015 to November 2, 2015.WITNESSES TESTIFYING PERSONALLY: Plaintiff: Ronnie Powell, Plaintiff Tina Cherwinski Defendant: None WITNESSES TESTIFYING BY DEPOSITION: Plaintiff: Dr. Paul Cullis Michelle Robb Defendant: Dr. Jeffrey Lawley John N. Stokes EXHIBITS: Plaintiff: 1. Deposition transcript – Dr. Paul Cullis 2. Deposition transcript – Michelle Robb 3. Plant medical records from December 23, 2015 to April 1, 2016 4. Plant medical records from November 17, 2015 to April 1, 2016 5. Medical records – Covenant Hospital 6. Medical records – St. Mary’s Hospital 7. Nexteer injury questionnaire 8. Medical notes from Defendant regarding the Plaintiff from July 8, 2013 to November 7, 2013 9. Medical records – Neurosurgery POB 10. Results from three MRIs 11. Plant medical from January 7, 2014 to November 17, 2015 12. Medical records – Dr. Abdulhak 13. Discharge notice from Defendant 14. Plaintiff’s job log Defendant: A. Deposition transcript – Dr. Jeffrey Lawley B. Deposition transcript – John N. Stokes C. Grievance form D. Termination papers E. Report of disciplinary action from Defendant F. Plant medical record of July 8, 2013 G. Surveillance notes H. Investigator’s report I. Medical records – Dr. Robert Rees DISCUSSION TINA CHERWINSKI Tina Cherwinski was called to testify by the Plaintiff. Ms. Cherwinski has been employed at the Defendant Nexteer for 12 years. She was initially hired as an operator and switched to a salaried worker in 2013. She was initially a work supervisor and is now a scheduler and materials planner. From November 3, 2015 to April 5, 2016 (the Plaintiff’s last day of work) Ms. Cherwinski was working as a floor supervisor, and was the Plaintiff’s floor supervisor. She testified that Plaintiff was brought back under restrictions which were lifting 3 to 5 pounds of weight, no bending or turning, and sitting or standing at will. The Plaintiff’s job that she was performing under restrictions was a real job in her department. This was one of the jobs in rotation (different people would rotate to different jobs) and they took this job out of rotation and gave it to the Plaintiff because it fit her restrictions. Plaintiff then put in Plaintiff’s Exhibit 3, which was the plant medical restriction notes from November 3, 2015 to April 6, 2016. Plaintiff’s job was to produce a stub shaft which was 5 to 6 inches long, 2 inches in diameter and made of steel. It weighed about 1 to 5 pounds. In doing this a chair was provided to the Plaintiff which was a rotating factory chair with a back on it and height adjustable. She did not really recall how often the Plaintiff sat in the chair. Plaintiff’s job station was a freestanding induction hardener. The doors would open and she would put a part on a spindle. The incoming parts were on her right, and the outgoing parts would be placed on her left. The machine is 8 to 10 feet high, and the doors open automatically. The part is placed inside, and would be level to where Plaintiff would set the machine. The machine is about 2 ½ feet deep, and the Plaintiff would put one part in, hit a toggle switch and the door would close. In doing so she would have to reach about one foot in roughly arms length to place the part in. She testified the Plaintiff could do this job sitting or standing and without bending. The Plaintiff worked for her for about 6 months. The Plaintiff told her about her back problems but never told her that the job was bothering her. Plaintiff’s Exhibit 4 was then submitted which were the plant medical records from November, 2015 through April, 2016, revealing Plaintiff had 45 trips to plant medical in that time. She further testified that the Plaintiff was aware she was terminated because she had accumulated 18 points. She also noted that she knew Plaintiff slipped and fell in the plant but did not remember the exact date. On March 18, 2016, she noted the Plaintiff went to plant medical. She is aware that Plaintiff was using the plant medical bathrooms instead of the regular bathrooms so she did not have to use the stairs. She also knew that the Plaintiff had fell on March 21, 2016 in the plant when her recollection was refreshed by the plant medical, and a Covenant Hospital record was put in as Plaintiff’s Ehxibit 5. The witness testified that when any employee reaches 18 points they are discharged. She also testified that Plaintiff contacted her toward the end of her employment and told her that she would be late because of her back. The production rate on Plaintiff’s job was roughly 250 to 300 parts per day. On occasion Ms. Cherwinski would have to encourage the Plaintiff to speed up. Ms. Cherwinski recalled that the Plaintiff did ask for FMLA once and Ms. Cherwinski helped her request time off per FMLA. RONNIE POWELL, PLAINTIFF The next witness to testify was the Plaintiff, Ronnie Powell. Plaintiff testified that her average weekly wage was $982.50. Her fringe benefits of $270 per week were terminated as of May 1, 2016. Plaintiff was born on xx/xx/xx and was accordingly 50 years old at the time of trial. She did graduate high school in 1987 with no further formal education thereafter. Plaintiff then testified to the following jobs preceding her employment at the Defendant. She worked at the IGA in Mayville from 1985 to 1987 as a bagger/stocker. She then worked at McDonald’s in California in 1987 making minimum wage. She would unload the truck and work the register. Plaintiff then went back to Caro and worked at the McDonald’s there, doing the same type of job as in California at the...
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