Braxton v. Chevrolet Grey Iron Foundry Division of General Motors Corp.

242 N.W.2d 420, 396 Mich. 685, 1976 Mich. LEXIS 279
CourtMichigan Supreme Court
DecidedJune 3, 1976
Docket54787, (Calendar No. 4)
StatusPublished
Cited by17 cases

This text of 242 N.W.2d 420 (Braxton v. Chevrolet Grey Iron Foundry Division of General Motors Corp.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Braxton v. Chevrolet Grey Iron Foundry Division of General Motors Corp., 242 N.W.2d 420, 396 Mich. 685, 1976 Mich. LEXIS 279 (Mich. 1976).

Opinions

Williams, J.

The dispositive issue in this workmen’s compensation case is whether the employee’s disability resulted from an occupational disease or a traumatic accident. In the former case, his date of injury would be the last day of work when the more beneficial new act applied, whereas in the latter case, it would be the date of the traumatic injury which preceded the effective date of the new act.

The hearing referee concluded:

"Further I cannot find that plaintiff sustained a new injury within the meaning of the act [i.e. [688]*688through occupational disease] after the 9/30/63 injury.”

The fact the employee did not sustain a new injury, that is, did not contract an occupational disease subsequent to the 9/30/63 injury is not legally controlling. If the employee suffered from a prior occupational disease and if that occupational disease was the cause of his disablement, the fact that he also suffered the 9/30/63 injury would not be critical, even if it aggravated his original occupational disease.

The Workmen’s Compensation Appeal Board (WCAB) affirmed the hearing referee after recognizing that the only doctor to testify "spoke not only of work aggravating arthritis, but also of an accident aggravating it”. (WCAB emphasis.)

This quotation indicates that the WCAB treated the case as one where the arthritis existed before the '!accident aggravating it.” It must therefore have supported the referee’s fact-finding on that basis.

The fact, if it is a fact, that the employee’s preexisting arthritis was aggravated by a traumatic accident as well as by the character of the employee’s work, does by no means inevitably mean that the cause of disablement was the accident rather than the occupational disease. To so conclude is not an error of fact-finding. It is an error of law.

The WCAB, therefore, is reversed and the matter remanded for further action not inconsistent with this opinion.

I — Facts

Plaintiff Willie Braxton was employed at the Chevrolet Grey Iron Foundry in Saginaw for ap[689]*689proximately 22 years, serving as a shot blast tender for the last 12 to 14 years. As a blast tender, he was required to lift bags of shot weighing 50 to 100 pounds, 50 to 100 times a day, as well as lifting six to twelve 40-pound castings whenever the machine broke down. He also swept up around the machines, carrying shovelsful of shot weighing approximately 25 pounds over to a hopper.

In September 1963, plaintiff sustained a fracture of the pelvis when a plant truck hit a box, and he was squeezed between two gondolas.

He began suffering severe back and leg pain. Although he returned to the same job six weeks later, his pains continued, and three years after the accident he took sick leave and then early retirement. Defendant paid workmen’s compensation benefits voluntarily for the time plaintiff missed work during this period due to his back problem.

Defendant contends that the reason for all plaintiff’s problems is the pelvic fracture and that therefore benefits are payable only for the 1963 injury. Plaintiff maintains that the fracture healed, and that a pre-existing osteoarthritic condition was first made symptomatic by the 1963 injury and further aggravated by continued heavy labor until he took sick leave on October 28, 1966 and early retirement July 1, 1967. Therefore, he says, he is permanently disabled as a consequence of an occupational disease, and the date of disability is October 28, 1966. This would entitle him to higher benefits than would defendant’s interpretation, and he has petitioned for benefits on this basis.

At the hearing, the only medical testimony came from a physician who testified on plaintiff’s behalf. He said the fracture had healed and was holding [690]*690solidly. He also testified that plaintiff now suffered from chronic extensive osteoarthritis of the lumbar spine with nerve root irritation. He stated that plaintiff’s work was heavy and could aggravate that condition.

As to the relationship of the accident to the osteoarthritis, the doctor testified, on cross-examination:

"A: Yes. I would rather not state that the accident itself caused this condition because arthritis is diffuse in nature and we find it in more than one place involving more than one joint. I hesitate to state that a particular accident caused it, but would rather state that if it were present1 an accident certainly could aggravate it.”

Plaintiff testified that his back had hurt him constantly ever since the accident and that every once in a while he had to take time off.2 Plaintiff [691]*691also testified that he had told the foreman the work "was making me feel bad and hurt me a lot”. He also said that when he lifted a heavy bag of shot it would hurt his back.

The hearing referee, held, without analysis, that he could not "find that plaintiff sustained a new injury within the meaning of the act after the 9/ 30/63 injury”. A majority of the WCAB found "[t]here is an evidentiary basis for the referee’s fact finding and the record before us is not compelling of reversal.”

The board considered it significant that plaintiff "testified to a pattern of work 3-4 weeks, then being off work 2-3 weeks”, following an initial six-week loss of time immediately following the accident.

The board also found:

"Testimony by Dr. Lipton not as supportive of plaintiffs claim and a basis for the referee’s choice of injury date included the doctor’s comment that plaintiff told him the blast tender job was not heavy but was dirty. On cross-examination, he admitted his diagnosis of nerve root irritation was based on plaintiffs subjective complaints and that all neurological tests are normal. Further, Dr. Lipton found 'extensive arthritis’ involving all of the lumbar vertebral segments and he believed plaintiff probably has more arthritis extending up his back also. He spoke not only of work aggravating arthritis, but also of an accident aggravating it.”

The WCAB minority, however, referring to Bu[692]*692reau records, reports the lost time situation somewhat differently:

"An examination of the whole record quite easily reveals to the reader that plaintiff at age 67 (at time of hearing) had very poor recall for dates or specific periods of lost time. Under skillful cross examination the impression is made that lost time was frequent because of constant symptoms following the 1963 injury. However, reports contained within the bureau file are more definitive of the exact number and frequency of lost time periods. These reports consisting of forms 101 and 102 as well as form 103, filed by defendant in accord with the provisions of the act reveal that plaintiff lost six weeks and five days immediately following the injury, returned and worked two weeks before losing another week during the period December 2, 1963, to December 8, 1963. Thereafter, plaintiff lost no more time on account of his back until November 27, 1965, at which time he lost two weeks and one day. According to plaintiff’s testimony he found that he could not continue his work because of back and leg pain and so took a sick leave beginning October 28, 1966, culminating in early retirement on July 1, 1967.

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Bluebook (online)
242 N.W.2d 420, 396 Mich. 685, 1976 Mich. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braxton-v-chevrolet-grey-iron-foundry-division-of-general-motors-corp-mich-1976.