Findley v. DaimlerChrysler Corp.

797 N.W.2d 175, 289 Mich. App. 483
CourtMichigan Court of Appeals
DecidedAugust 24, 2010
DocketDocket No. 291402
StatusPublished
Cited by1 cases

This text of 797 N.W.2d 175 (Findley v. DaimlerChrysler 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
Findley v. DaimlerChrysler Corp., 797 N.W.2d 175, 289 Mich. App. 483 (Mich. Ct. App. 2010).

Opinion

Per Curiam.

Plaintiff appeals by leave granted an order of the Workers’ Compensation Appellate Commission (WCAC), which affirmed the magistrate’s denial of benefits.1 We vacate and remand.

I. BASIC FACTS AND PROCEEDINGS

Plaintiff began her employment as an assembly-line worker for defendant in 1999. On February 18, 2004, plaintiff fell from a motorized cart driven by her supervisor. She stated that she “flew up,” hit her head, and lost consciousness. Plaintiff claims that her injuries include shoulder and back pain, a closed-head injury, memory problems, depression, and anxiety.

Plaintiff was off of work for two months. She returned to work in April 2004 and worked through October 2004, but testified that she was unable to do her assigned jobs. Thereafter, plaintiff did not work until August 2005 because no work was available. When plaintiff returned to work, she tripped over a cord and fell. She did not return to work. Defendant sent her a letter regarding her absence from work, but plaintiff did not respond. Plaintiff maintained that she did not receive the letter. Defendant terminated plaintiffs employment in September 2005 because of plaintiffs failure to respond to the letter or return to work.

[485]*485Plaintiff sought workers’ compensation benefits. She alleged work injuries that occurred on February 18, 2004, October 15, 2004, and August 30, 2005. Magistrate Beatrice Logan presided over the November 2007 trial, at which plaintiff and her daughter testified. The magistrate also considered plaintiffs medical records, as well as the deposition testimony of both parties’ medical witnesses, in a detailed and thorough written opinion. The magistrate ruled, in pertinent part:

Plaintiff testified that on February 18, 2004, while she was riding on the back of a cart being driven recklessly inside the plant by her supervisor, she was thrown from the cart when he made a turn. The fall caused and/or aggravated injuries to her entire spine, bilateral shoulders, bilateral upper extremities, and bilateral lower extremities. She also sustained a closed head injury and developed problems with anxiety, panic attacks and depression. Plaintiff said she “flew up, hit the concrete, passed out. The next thing I remember I was in the hospital.” It is undisputed that plaintiff was riding on an electric cart being driven by a supervisor. Plaintiff weighs 180 pounds, 200 pounds or 240 pounds depending on the various records.
I do not find it credible that a plaintiff at 180 pounds was thrown from a cart and flew through the air. According to the records from St. John Macomb Hospital, the hospital plaintiff was taken after the incident, plaintiff fell out of the cart after the driver made a sharp turn. The records also state the cart tipped over and plaintiff fell off. I reject plaintiffs claim that she was thrown into the air in favor of the conclusion that she merely fell off the back of the cart to the ground.
There were different statements regarding the loss of consciousness by plaintiff. She testified that after hitting her head, the next thing she remembers is being in St. John Hospital. The St. John records state she said she may have briefly loss [sic] consciousness when she hit the ground. She said when she came to she recalls being surrounded by a number of people at the plant. Plaintiff told Dr. Robert [486]*486Bauer at Herny Ford Health System that she lost consciousness for an unknown period of time, but awoke on the plant floor in a supine position. Plaintiff told Dr. Sarala Vunnam that she had a loss of consciousness for a few minutes when she fell on carpet. Plaintiff told Dr. Rhonda Levy-Larson that she was thrown from a fast moving cart onto concrete. She said she did not actually remember landing and hitting her head. She woke up in the hospital. She later said she remembered hitting her head and “rolling”. She said she lost consciousness for an unknown amount of time and woke up in the hospital. Plaintiff told Dr. Van Horn that she does not remember if she lost consciousness. I do not find plaintiff’s testimony credible regarding a loss of consciousness as a result of her fall from the electric cart. Based upon the contradictions as to whether plaintiff actually lost consciousness, I find that she did not lose consciousness.
Plaintiff began treating at Henry Ford Behavior Health System (HFBHS) on March 3, 2004. Plaintiffs initial diagnosis, based upon the histoiy she provided, was adjustment disorder with depressed mood. The records state there were no attention problems noted; no concentration problems noted and plaintiff denied any memory problems. However, it appears that the longer plaintiff treated the more symptoms she developed. Plaintiff returned to work in April, 2004 and worked until October, 2004, with the exceptions of some short lay-offs. She went off work again and returned in August, 2005. By August 6, 2004, her diagnosis was major depressive disorder. Interestingly enough, the records state, on July 20, 2004, plaintiff had returned to work with restrictions and the records state “Plaintiff refused repeated attempts to try to get her to look at ways to channel anger. She keeps self in a ‘victim’ role.”
The HFBHS records for plaintiff on September 6, 2004, state there were no attention problems noted or concentration problems and plaintiffs thought process was logical/coherent.
The HFBHS records entry for October 15, 2004, states plaintiff complained her co-workers are out to get her because she accidentally almost hit one of her co-workers with her car. She said the co-worker became upset and tried [487]*487to cut her off in her car. She said the co-worker was told by a supervisor to run her off the road. Plaintiff also mentioned that prior to the incident of February 18, 2004, there was some jealousy of her skills as a laborer. Plaintiff felt people were making threats and talking about her.
On November 23, 2004, the HFBHS records state plaintiff was driving and paying bills.
Plaintiff testified she had hallucinations, that she hears voices, and see[s] shadows, but Dr. Nanette Colling noted on January 14,2005 that plaintiff had no auditory or visual perceptual disturbances.
Dr. John Head, Jr. treated plaintiff from July 6, 2006 to September 27, 2007, at the Northeast Guidance Center (NGC). Dr. Head’s diagnosis was major depression with psychotic features. Dr. Samet’s diagnosis was signs and symptoms suggestive of possible brain injury with Major Depression. Dr. Van Horn’s diagnosis was Adjustment Disorder mixed with Anxiety and Depression. Dr. Head, Dr. Samet and Dr. Van Horn found plaintiff disabled as a result of the injuries she sustained on February 18,2004. All three doctors relied on the history of events as described by plaintiff.
Dr. Rhonda Levy-Larson evaluated plaintiff on September 25,2006. Dr. Levy-Larson testified plaintiff could not sign her name without looking at her driver’s licensed. Yet plaintiff was seen at the NGC on September 12, 2006. The records state plaintiff was pleasant and cooperative. She told Dr. Head she had been down without her meds and was not sleeping well without her meds. On October 10, 2006, plaintiff was at NGC and told Dr. Head that she felt a little better and her appetite was still poor at times. Dr. Head noted she appeared depressed.

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797 N.W.2d 175, 289 Mich. App. 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/findley-v-daimlerchrysler-corp-michctapp-2010.