Raymon L. Sales, SS# xxx xx xxxx, Plaintiff,
v.
Voith Holding, Inc./Sentry Insurance, Defendant.
No. 7343
Michigan Workers Compensation
State of Michigan Department of Licensing and Regulatory Affairs Michigan Administrative Hearings System Board of Magistrates
November 1, 2019
The
social security number and dates of birth have been redacted
from this opinion.
Charles W. Palmer, (P-29271) for plaintiff.
Randall L. MacArthur, (P-47917) for defendant.
OPINION
David
Grunewald, Magistrate 242G Judge.
TRIAL
DATE(S)
Trial
was conducted in Detroit, Michigan on September 11, 2019 and
September 12, 2019 and the record was closed on October 2,
2019.
STATEMENT
OF CLAIM
Claimant’s
initial application was filed February 13, 2017 claiming
injury to the right upper and lower extremities due to
receiving an electrical shock at work. The injury date was
claimed to have been July 21, 2016. In an amended application
filed October 31, 2018, the back was added as one of the
claims of disability. The injury date was amended to July 22,
2016 on the trial date. It is noted that the defendant filed
an application to recoup benefits and for a determination of
rights. That application was received April 27, 2017.
STIPULATIONS
The
parties stipulated and agreed that both the employer and
employee were subject to the Act, that the respondent
insurance carrier was on the risk and that the employee was
in the employ of the respondent at the time of alleged
personal injury. It was also stipulated and agreed that the
notice and claim requirements have been met. It was further
agreed that plaintiff’s filing status was single. The
parties stipulated to an AWW of 556.06 and to a compensation
rate of 348.03(excluding fringes). With fringes included
($160.18), which ended on March 4, 2017, they agreed the rate
would be 436.46. All other issues were left to proofs or
denied.
EXHIBITS
Plaintiff
1.
Deposition testimony of Aman Upadhyay, M.D. taken September
7, 2018
2.
Deposition testimony of James Fuller, CRC, a vocational
expert taken May 20, 2019
3.
Voith Incident Summary & Treatment Form –
consisting of 5 pages, dated July 23, 2016
4.
Subpoenaed medical records of Concentra Medical Centers in
Romulus
5.
Subpoenaed medical records of St. Joseph Mercy Hospital in
Ann Arbor
6.
Subpoenaed medical records of Oakwood Annapolis
Hospital/Beaumont Hospital Wayne
7.
Subpoenaed medical records of Bradley Aymen, D.O./Michigan
Institute for Neurological Disorders
8.
Subpoenaed medical records of University of Michigan Hospital
– Release of Information Unit
9.
Subpoenaed medical records of Prism Pain Specialists
10.
Plaintiff Job Logs
Defendant
A.
Deposition testimony of Geoffrey K. Seidel, M.D. taken
January 11, 2019
B.
Deposition testimony of Karen Grossberg, M.A., a vocational
expert taken June 14, 2019
C.
University of Michigan records from 2003 – consisting
of 4 pages
D.
Employment Application
E.
Henry Ford Emergency Room records of December 31, 2008
F.
Oakwood Annapolis Hospital records dated May 16, 2013
G.
Oakwood Annapolis Hospital records dated November 12, 2014 H.
Oakwood Annapolis Hospital records dated November 25, 2015
I.
Oakwood Annapolis Hospital Emergency Room records of December
14, 2015
J. Dr.
Kahn records from January 2016
K. Dr.
Geiringer report dated March 30, 2016
L. St.
Mary Mercy Hospital record of May 9, 2016
M. St.
Mary Mercy Hospital record of July 2, 2016
N. Dr.
Kahn records dated June 16, 2016 and July 11, 2016
O.
Print out of plaintiff’s Social Security Wage Earnings
records
P.
Voith document / Decline of Treatment dated 7/22/16
Q.
Voith document / Graph of 7/21/16
R. Dr.
Kahn record dated 7/21/16
S.
Oakwood Annapolis Hospital record of July 22, 2016
T.
Concentra Medical Center record dated 7/26/16
U. MIND
Institute record dated 7/26/16
V.
Concentra Medical Center record dated 7/27/16
W.
Oakwood Annapolis Hospital record dated 7/28/16
X.
Picture taken by defendant of plaintiff on or about last date
of work
Y. EMG
record of 8/9/16 and note from St. Joseph Hospital of 8/25/16
Z. U of
M records dated 9/14/16, 10/20/16, 11/8/16 with EMG testing
results
AA.
Prism Pain Management record dated 12/20/16
BB.
Green extension cord
WITNESSES
Plaintiff
Raymon
L. Sales
Defendant
Adam
Riddle
REVIEW
OF WITNESS TESTIMONY
Raymon
Sales
Plaintiff
testified that he is 54 years old and is a high school
graduate. He reviewed his employment history as contained in
the Social Security Wage Earning records, and said it
appeared to be accurate.
Plaintiff’s
employment included work as kitchen help. He performed work
for several temporary service agencies. The types of work
included work in a kitchen, as well as cleaning and room
service type work. He worked at an airport hotel, as well as
for an airline, which included loading and unloading planes
with weights up to 50 pounds. He has performed a variety of
jobs in a kitchen including preparation and cleanup. He has
also worked on an assembly line sorting parts, as well as
performing some labor work on a construction site. Plaintiff
has driven cars while working for a temporary service moving
them from one lot to another.
Mr.
Sales testified that he was hired by the defendant Voith on
October 21, 2013 and believes his last date of work was
August 5, 2016. The defendant company is a cleaning company.
He was assigned to work at the Ford Assembly Truck Plant. His
duties included general cleaning. This consisted of mopping,
sweeping, emptying trash, cleaning up overpaint and a variety
of other jobs. He testified that he would have to lift 30 to
40 pounds one or two times per day. Plaintiff worked a 10
hour shift 4 days per week with 2 to 3 breaks during the day.
He said there was a lot of bending involved in the job. He
stated he had no physical problems prior to starting his job
for the defendant.
Mr.
Sales testified his injury date was July 22, 2016 and he was
injured while pushing and pulling a rack. At that time, he
stated he heard a loud noise, he investigated and saw an
extension cord with some smoke. He stated the cord was caught
between two racks and he was stunned at the time. He said he
reported the incident to Adam. Adam asked him if he wanted to
go to Concentra to treat and he stated he declined treatment
on that date. The accident occurred near the end of his shift
at approximately 4:00 pm.
Mr.
Sales stated that once he got home, his leg was starting to
give him some trouble and as a result he went to Annapolis
Hospital that day. The next day he returned to the job and
spoke with Adam again who called another supervisor named
“Chuck”. He was told he needed to go to Concentra
for treatment. He did fill out an injury report on this date.
Mr. Sales testified he had symptoms in his right hand and
right foot. Those symptoms consisted primarily of tingling.
He could not recall if he was put back on his regular job or
if they gave him restrictions, nevertheless, he did continue
to work until his last date of work of August 5, 2016.
Plaintiff
relayed his history as listed in Exhibit 4 which stated that
his injuries included his back and leg. He testified he
always had pain in his leg but it was also in his back.
During the period of his continued work from July 22 to
August 5, he stated he was not able to do his job because he
could not stand for a long time or walk and was in pain. He
said he spoke with Chuck on or about his last day of work and
was told that he could go home and stay off until he was okay
to return.
Plaintiff
was asked about his...
