SANDRA K. RICHARDS-LAMB, SS# xxx, Plaintiff
v.
HURLEY MEDICAL CENTER, Defendant
No. 2006-400
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Board of Magistrates
April 4, 2006
The
social security number and dates of birth have been redacted
from this opinion.
HEARING DATE: March 15, 2006
ALLEGED DATE OF INJURY: March 2000 & April 23, 2001
Philip
Della Santina (P12652) for plaintiff.
David
M Stewart (P31755), for defendant.
OPINION
KENNETH BIRCH, MAGISTRATE – 227G, JUDGE
STATEMENT
OF CLAIM:
Claimant
alleges she fell while emptying trash injuring hr low back
and/or left shoulder. She also alleges a rotator cuff tear.
LAY
WITNESSES:
Plaintiff
Defendant:
Luanda Pruitt
EXHIBITS:
Plaintiff:
Exhibit # 1, Hurley employment and medical records regarding
Plaintiff; Exhibit # 2 E-mail dated 12-13-0, regarding
Plaintiff’s worker compensation benefits and her
sickness and accident insurance, as well as notes in regard
to Plaintiff’s restrictions.
Defendant:
Exhibit #1, Plaintiff’s circuit court complaint
regarding a motor vehicle accident in 1998; Exhibit # 2
Plaintiff’s circuit court deposition; Exhibit # 3,
Records from Family Orthopedic Associates; Exhibit # 4 Hurley
record indicating a back injury at a casino on August,
5,2000.
DEPOSITIONS:
Plaintiff:
Dr. Ed Atty Although, Defendant objected to Dr. Atty
deposition because it after he had taken his deposition,
there was plenty of time between the deposition and the
hearing for defendant to recover from any disadvantage Dr.
Atty’s late deposition might.
Dr.
Lynn Walker
Defendant:
Dr. Nathan L. Gross, 7-24-03 & 11-4 05
Dr.
Emmanuel N. Obianwu, 8-28-03 & 10-30-03
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 on the dates of the alleged
injuries. They also stipulated that the employer had notice
of injuries to the back and foot; and, the claim for the back
and foot were made within the statutory prescribed period.
LAY
TESTIMONY:
Plaintiff
was 48 years old at the time of the hearing. She testified
that she had recently been married and went by the name
Sandra Richard-Lamb. Plaintiff graduated from high school in
1990 and has taken some college courses. She has worked at
electronic assembly jobs and inventory work before she began
work at Hurley Hospital in 1999. She was hired as an
environmental technician, which required mopping, waxing
floors and removal of trash. Sometimes she would have to move
55 gallon drums. She testified that at times she would...
