Eaton v. Chrysler Corp.

513 N.W.2d 156, 203 Mich. App. 477
CourtMichigan Court of Appeals
DecidedFebruary 7, 1994
DocketDocket No. 139552
StatusPublished
Cited by2 cases

This text of 513 N.W.2d 156 (Eaton v. Chrysler 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
Eaton v. Chrysler Corp., 513 N.W.2d 156, 203 Mich. App. 477 (Mich. Ct. App. 1994).

Opinion

White, J.

Plaintiff appeals from a ruling of the Workers’ Compensation Appeal Board, which modified a referee’s finding of total disability to partial disability and, on that basis, denied supplemental benefits. The Attorney General joins plaintiff, appealing on behalf of the Compensation Supplement Fund. We reverse and remand for computation of benefits.

Plaintiff was born October 10, 1921. During the 1940s, plaintiff was a professional boxer for five or [479]*479six years, but quit after his hands became "brittle.” Thereafter, he held various jobs while helping to train other boxers.

Plaintiff began working for defendant in 1969 after a preemployment physical indicated he was in good health. Plaintiff worked primarily as a stock chaser, but also performed janitorial duties, and filled in for absent employees when necessary. Plaintiff’s tasks included loading and unloading items on a conveyor belt and unloading forklifts, all of which involved reaching, bending, and lifting.

On August 31, 1974, plaintiff was struck from behind by the forks of a moving forklift, and fell onto the concrete floor, landing on his back. He was taken to the hospital complaining of pain in his ribs, shoulder, hips, back, and legs. The next morning, plaintiff fell while getting up when his right leg "gave out.” He continued to have pain in his right hip and lower right back, with intermittent pain radiating into his legs. Plaintiff did not return to work after his injury, and received medical treatment and heat therapy for his symptoms. Defendant voluntarily paid workers’ compensation benefits from September 2, 1974, until April 18, 1982.

Plaintiff filed a petition for a hearing on October 26, 1982, alleging continuing disabilities involving his back, neck, hips, head, right shoulder, and lower extremities resulting from the 1974 accident. A trial was held on March 12, 1984, before Referee Arthur J. Coole. Plaintiff testified and medical testimony was presented by deposition.

Frank Cullis, M.D., a physical rehabilitation specialist, testified that he examined plaintiff on December 20, 1974. Plaintiff complained of a persistent headache, constant pain in the right loin and lumbar regions, hip and pelvic pain, and a [480]*480need for help getting up in the morning. After a thorough physical examination, Cullis concluded that plaintiff had suffered a compression fracture of the eighth dorsal vertebra as a result of the forklift accident, precipitating symptoms from existing degenerative changes, and leaving plaintiff with radiculopathy (spinal nerve root disease) in the nerve root on the right side. Cullis concluded that plaintiff’s symptoms would persist indefinitely, declared him unfit for his previous employment, and advised plaintiff to avoid physical stress on his back, as well as repetitive twisting movements of the spine. Cullis recommended that plaintiff be fitted with a brace, and that he receive physical therapy for the dorsal spine.

Cullis examined plaintiff again on April 8, 1983. He noted that plaintiff complained of continued pain in the upper back and right shoulder, with pain radiating into the right thorax, burning and intermittent numbness in the right upper extremity, intermittent pain in the right lower back, and headaches. Cullis observed that plaintiff limped, favoring the right leg. He found good flexion of the spine, but limited extension and rotation capacities, and pain on percussion. Plaintiff demonstrated full motion capacity in his upper extremities, but a grip deficiency in his dominant right hand. Though plaintiff’s lower extremities demonstrated full motion at the joints, he experienced pain when raising his left leg to seventy-five degrees, and his right leg to fifty degrees. Cullis noted "a very high degree of tonus” in the lumbar paravertebral muscles. X-rays of plaintiff’s dorsal spine continued to show the original deformity, with added spurring. Cullis concluded that plaintiff’s complaints were supported by clinical and radiological findings. In his opinion, plaintiff continued to suffer radiculopathy and persistent lower [481]*481back symptoms. Cullis once again recommended physical therapy and a spinal brace. He again advised avoiding physical stress on the spine and repetitive bending and twisting movements of the spine. He also advised against physical stress and repetitive movements involving the right arm. Plaintiff was also to avoid kneeling and climbing, and prolonged standing or walking. Cullis believed plaintiff’s symptoms would persist for a prolonged period. He considered plaintiff medically disabled from his position at Chrysler Corporation.

James Horvath, M.D., an orthopedic surgeon, testified that he examined plaintiff on August 21, 1980, at defendant’s request. He had no prior medical reports indicating plaintiff’s condition. Horvath testified that plaintiff "[did] not give a very coherent history,” claiming employment with defendant from 1974 to 1976, with the forklift incident occurring in 1976. Horvath later conceded that plaintiff’s incoherence could be due to being "punch-drunk,” a result of his former career. Horvath noted complaints of pain in the right arm, shoulder, elbow, ribs, and right buttock, with severe pain in the right upper extremity. He reported that plaintiff’s back, legs, and left arm were "fine,” with plaintiff maintaining that he had never had a backache. Horvath’s examination did not otherwise disclose pain, muscle spasm, or tenderness in plaintiff’s ribs or spine, and could not locate the right buttock pain. Though plaintiff complained of a swollen left ankle stemming from the forklift incident, Horvath found no swelling, tenderness, or pain. Horvath observed a normal range of back and leg motion. From x-rays of plaintiff’s lumbar spine and right hip taken by Horvath’s associates, Horvath observed moderate degenerative changes in the lumbar vertebrae, and moderate calcification of the abdominal aorta, but [482]*482a normal right hip with no evident degenerative change. Horvath attributed the degenerative changes in the lumbar spine to the aging process, though he acknowledged that the changes exceeded defendant’s age group by five years. He was not provided with dorsal or thoracic spine x-rays. Horvath concluded that plaintiff was not disabled from his usual occupation. Horvath stated that plaintiff could return to any activity suitable to his age and body size without restriction. He conceded that plaintiff’s lack of symptoms could result from avoiding work or other symptom-producing activity.

Plaintiff testified to continuing pain in his lower right side just below the belt line, with pain radiating down the bone, though he acknowledged that it was "fair.” He stated that he could walk, but his leg would "give out,” causing him to fall. He had stinging pain in his right arm and shoulder, and pain and limited motion in his neck. He no longer physically participated in training boxers, though he could issue instructions from a sitting position. Any attempt to participate physically in the training of boxers would leave him "aching for a week.” Plaintiff stopped driving after the accident. At home, plaintiff performed light housework, but required assistance with heavier work. On occasion, he rode with a friend who picked up "junk,” but did no work and received no pay for his activity.

In a decision mailed September 5, 1984, Referee Coole found that plaintiff had proved a continuing "back/neck” total disability from unskilled labor based on the August 1974 injury date.

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Bluebook (online)
513 N.W.2d 156, 203 Mich. App. 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eaton-v-chrysler-corp-michctapp-1994.