Coleman v. General Motors Corp.

421 N.W.2d 295, 166 Mich. App. 784
CourtMichigan Court of Appeals
DecidedMarch 7, 1988
DocketDocket 97446
StatusPublished
Cited by4 cases

This text of 421 N.W.2d 295 (Coleman v. General Motors Corp.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coleman v. General Motors Corp., 421 N.W.2d 295, 166 Mich. App. 784 (Mich. Ct. App. 1988).

Opinion

Cynar, P.J.

Defendant appeals by leave granted from the November 20, 1986, order and opinion of the Workers’ Compensation Appeal Board. The wcab reversed the referee’s denial of benefits to plaintiff. The wcab also found that plaintiff did not prove that he had suffered a work-related heart attack, but did find that plaintiff had established by a preponderance of the evidence a work-related back disability from an injury date of February 5, 1980. Plaintiff has filed a cross-appeal challenging the board’s finding that he did not prove by a preponderance of the evidence entitlement to benefits based upon a work-related cardiac disability.

Plaintiff commenced working in August, 1955, for defendant at its foundry lifting fifty- to fifty-five-pound flasks and shaking the sand out of them. He injured his back on March 2, 1959, when he fell into a hole while holding a fifty-five-pound flask. After suffering this injury, plaintiff was transferred to a job which consisted of grinding castings. He also performed sweep-up tasks and was an inspector on the V-8 engine block line. His last job with defendant was that of a relief man in the core processing area. Plaintiff’s back continued to bother him and it became progressively worse until his last day of work on February 5,1980.

On his last day of work and after being exposed to natural gas in the plant, plaintiff began to have trouble breathing and felt a heaviness in his chest. He was sent home that day. The following day, plaintiff reported to the plant doctor who told him that his back condition could be treated with *787 electric massages and pills. However, plaintiff was advised to see his own doctor about the chest pains. Plaintiff began to feel worse and drove himself to the Saginaw Osteopathic Hospital. He spent six days in the hospital. Afterwards, plaintiff attempted to return to work, but was prevented from doing so because of lower back pain. In August, 1980, plaintiff was admitted for two weeks to Saginaw General Hospital complaining of breathing difficulties and chest pains.

Subsequently, on February 18, 1981, plaintiff filed an amended petition for hearing alleging personal injury and disablement from an occupational disease occurring about 1957, and February 5 and 6, 1980. Plaintiff claimed disability due to the problems with his heart, back and lungs.

Plaintiffs medical evidence consisted of deposition testimony from Drs. Aran S. Johnson and Donald L. Newman. Dr. Johnson diagnosed plaintiff as suffering from arteriosclerotic heart disease, labile arterial renal hypertension, progressive cerebral vascular disease, chronic obstructive lung disease, chronic sinusitis and bronchitis, and acute anxiety state. Dr. Johnson opined that strenuous repetitive work and exposure to high concentrations of atmospheric pollutants helped to aggravate a preexisting hypertensive arteriosclerotic heart condition by narrowing plaintiffs coronary arteries sufficiently to precipitate the heart attack suffered on February 5, 1980. Dr. Johnson concluded that plaintiff was totally and permanently physically and emotionally disabled.

On cross-examination, Dr. Johnson could not determine from the ekg tracings when the old myocardial infarction occurred. The doctor also indicated that there were several risk factors that contributed to the development of plaintiffs heart disease, such as: smoking, an elevated triglycerides *788 count, being somewhat overweight and a family pattern of cerebral vascular disease.

Dr. Newman diagnosed plaintiff as having arteriosclerotic vascular disease, with hypertension and coronary artery disease with angina at rest, AMA Functional Class IV with an eighty to ninety percent impairment, occupational pneumoconiosis, traumatic myofascitis of the dorsal lumbar spine musculature, and precipitation or aggravation of osteoarthritis of the dorsal lumbar spine. Dr. Newman opined that plaintiff’s job exposure to fumes and heavy labor precipitated and aggravated a heart attack during February 4-7, 1980.

Plaintiff was also examined by Drs. John H. Bihl and David C. Mitchell at defendant’s request. Dr. Bihl diagnosed plaintiff as suffering from hypertensive cardiovascular disease with coronary insufficiency and angina pectoris, chronic peptic ulcer disease and angioneurotic urticaria and hyperventilation syndrome. However, Dr. Bihl concluded that plaintiff was not disabled in that he is capable of performing light work. Similarly, Dr. Mitchell could not find any orthopedic reasons indicating that plaintiff was impaired from continuing to work.

Following the presentation of evidence, on January 20, 1982, the hearing referee found that plaintiff was not entitled to compensation for either his claim of back pain or heart damage. On November 20, 1986, the board reversed the referee’s denial of benefits to plaintiff with respect to his back condition. In addition, the board found that plaintiff had failed to prove by a preponderance of the evidence that he had suffered a work-related heart attack. From this decision, defendant appeals by leave granted and plaintiff cross-appeals.

We will initially address defendant’s issues on appeal. First, defendant alleges that plaintiff has *789 failed to prove that his performance of favored work for twenty-one years following his 1959 back injury did not establish a new wage-earning capacity. We disagree.

Our review of a decision by the wcab is limited. Findings of fact made by the board are conclusive and may not be set aside if supported by record evidence, absent a showing of fraud. Const 1963, art 6, § 28; MCL 418.861; MSA 17.237(861); Flynn v General Motors Corp, 162 Mich App 511, 514; 413 NW2d 444 (1987). However, the wcab’s decision may be reversed if it operated within the wrong legal framework or where its decision is based upon erroneous legal reasoning. Id.

Defendant challenges the board’s finding that on the date of his injury, February 5, 1980, plaintiff was performing favored work. In Bower v Whitehall Leather Co, 412 Mich 172, 182; 312 NW2d 640 (1981), our Supreme Court discussed the nature of the favored-work doctrine:

The favored-work doctrine is a purely judicial creation. Favored, or light, work can be loosely defined as less strenuous post-injury work. Wages from favored work may be used as a setoff against an employer’s compensation liability, MCL 418.361(1); MSA 17.237(361X1), but favored-work wages do not establish an earning capacity, and when such wages cease, they neither suspend nor bar compensation. Powell v Casco Nelmor Corp, 406 Mich 332; 279 NW2d 769 (1979).
The primary purpose of the doctrine is that of mitigation. It allows an employer to reduce or completely eliminate compensation payments by providing work within the injured employee’s physical capacity. At the same time, it encourages the employee to return to productive employment rather than to remain idle, thus also serving a rehabilitative function. Pulley v Detroit Engineering & Machine Co, 378 Mich 418; 145 NW2d 40 (1966).

*790

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Bluebook (online)
421 N.W.2d 295, 166 Mich. App. 784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-general-motors-corp-michctapp-1988.