White v. United Methodist Retirement Communties, Inc., 091704 MIWC, 2007-525

• Case Date: September 17, 2004
• Court: Michigan

PATRICIA WHITE, SS# XXX-XX- xxx, PLAINTIFF, v. UNITED METHODIST RETIREMENT COMMUNTIES, INC., DEFENDANT. No. 2007-525 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates September 17, 2004          The social security number and dates of birth have been redacted from this opinion.           Steven J. Pollok (P#27592) for Plaintiff.           James Hunt (P#31208) for Defendant.           OPINION           CHRISTOPHER P. AMBROSE 215G, JUDGE          STATEMENT OF CLAIM:          Plaintiff filed an Application for Hearing which was received by the Bureau on April 26, 2006 alleging injury dates of November 11, 2003 and March 13, 2004. Plaintiff further alleged that lifting, bending, twisting, turning, reaching, pushing and pulling caused and aggravated stomach, abdomen and hernia pathology.          STIPULATIONS:          The parties stipulated that for both dates of injury alleged, the employer and employee were subject to the Act and that Defendant as a self-insured carried the risk. It was also stipulated that Plaintiff was in the employ of Defendant at the time of the alleged personal injuries. Plaintiff admitted an injury for November 11, 2003, but left to proofs an allegation of injury on March 13, 2004. Notice and claim were admitted for both dates. The average weekly wage was stipulated to be $356.30 for both dates of injury. Fringe benefits were discontinued August 1, 2004. There is no dual employment. It was left to proofs as to whether a disability is due to the alleged personal injury, as well as the issues of IRS filing status and dependency.          EXHIBITS:          Plaintiff:

1. Chelsea Community Hospital Emergency Room records.

2. Dr. Rooney-Gandy records.

3. Dr. Eggert records.

4. Records of Edward Robles, M.D.

5. Deposition testimony of Alan Neiberg, M.D.

6. Deposition testimony of John J. Wald, M.D.

         Defendant:

A. Deposition testimony of Sharon Rooney-Gandy, D.O.

B. Deposition testimony of Benjamin J. Paolucci, D.O.

C. Foote Hospital note and ultra sound study report.

         DISCUSSION          The trial in this matter was held on August 30, 2007. Plaintiff testified that she was born on xxx making her 46 years old on the date of trial. Plaintiff is single head of household, with one dependent, that being her daughter Sarah White, whose date of birth is xxx. Plaintiff's daughter resides with her full time and Plaintiff provides full support to Sarah White.          Plaintiff is a high school graduate, and testified that she had three years of experience as a patient care and office administrator which required her to do lifting, moving, and other physical labor. She has also been a home health care aide. She testified that she made over $40,000 a year in that work but she left due to job stress. In that job Plaintiff had to lift people out of bathtubs and transfer them. Plaintiff testified that she could no longer physically do that job.          Plaintiff testified that she also worked for two years as a nurse’s aid at Cedar Knoll Convalescent Center. This was the same type of work that she had done as a medical aide prior to that time. She also did similar type of work at Country Wide Care Center. At Cedar Knoll, Plaintiff made $9.00 per hour and at Country Wide Care Center she made more than that.          Plaintiff testified that she has a certificate in medical assistant work. Plaintiff testified that she has also worked in cemeteries digging graves with heavy equipment. She only did that for about six months. Plaintiff testified that she was studying nursing at the time of her alleged injury in this case. She was in her third year when she stopped attending due to her alleged injuries.          Prior to going to work for Defendant, Plaintiff had never had a hernia. She did have a hysterectomy in 1994. Plaintiff had a physical before going to work for Defendant, and she testified she had no problems doing her full job. Plaintiff's job at Defendant included wound care, as transferring patients, dispensing medicine, and dressing patients as well as transporting them. Plaintiff testified that she has worked as a nursing aide and a medical assistant at Defendant, but both of these jobs included physically assisting patients.          Up through November 11, 2003 Plaintiff was doing her regular job. She had some abdominal pain in the summer of 2003, but it had resolved by December 2003. This was near the beltline on the right side of her stomach. She had no lost time from work for those symptoms.          On November 11, 2003, Plaintiff was repositioning a patient, and had to move a bed away from a wall while the patient was in the bed. Plaintiff bent over to pull the headboard of the bed away from the wall, and pushed on the bed feeling a “pop and tear in my side…it was really bad.” Plaintiff reported the injury immediately, and was taken to the emergency room at Chelsea Hospital. Plaintiff was off work at that time and received workers’ compensation benefits. On December 2, 2003, Dr. Rooney-Gandy performed surgery on Plaintiff. Plaintiff testified that this was initially intended to be outpatient surgery, but she was kept overnight due to complications. Plaintiff testified that the symptoms and her surgery were in her right groin area. Plaintiff also testified that her symptoms got worse after the surgery.          Plaintiff testified that she had had a hysterectomy and a C-section in the past, but the pain following this particular surgery in...