McClain v. Chrysler Corp.

360 N.W.2d 284, 138 Mich. App. 723
CourtMichigan Court of Appeals
DecidedNovember 6, 1984
DocketDocket 68963, 68964
StatusPublished
Cited by15 cases

This text of 360 N.W.2d 284 (McClain 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
McClain v. Chrysler Corp., 360 N.W.2d 284, 138 Mich. App. 723 (Mich. Ct. App. 1984).

Opinions

Per Curiam.

In each of these consolidated cases, the plaintiff appeals from a decision of the Workers’ Compensation Appeal Board (WCAB) which denied disability benefits for injuries suffered as a result of a fall while performing job tasks on their respective employer’s premises. Each claimant sought this Court’s leave to appeal, but the applications were denied. On application for leave to appeal to the Supreme Court, the causes were remanded to this Court for consideration as on leave granted. 417 Mich 851 (1982).

Plaintiff Larry McClain suffered injuries when he became dizzy and fell on November 2, 1976, while working on the assembly line at Chrysler’s Lynch Road Assembly Plant in Detroit. His job was to attach nuts and bolts to sway bars that came along the conveyor belt and involved considerable stooping and bending. On the date of his [726]*726injury, he arrived at the plant approximately one-half hour before his shift began and walked around the plant, including the welding, painting and upholstering shops.

Although he "felt good” when he arrived at work, he began to feel tired and dizzy when he started working. He called his supervisor after 15 or 20 minutes of work and asked to be relieved. The supervisor told him to walk around to see if he felt better. He took three steps and fainted, striking his head on the floor and sustaining serious injuries to his chin, jaw and teeth. Plaintiff testified to the presence of fumes in some of the shops which he passed through before starting his shift and stated he had never previously had any problem with dizziness and had no serious health problems.

The hearing referee denied benefits, finding that plaintiff suffered an "idiopathic” fall and that he had failed to establish a "causative thread” between employment and the injury. On appeal the WCAB affirmed, finding as a matter of fact that plaintiff had failed to sustain his burden of proof in establishing that the fall was work related. Because the plaintiff failed to show that the injury arose out of his employment, the board denied benefits.

Plaintiff Carol Ann Gapinski sustained injuries when she became dizzy and fell on September 13, 1977, while working as a molding machine operator at the plant of defendant Mayfair Plastics. Plaintiff testified that, on the date of her injury, she was approximately four months pregnant and "felt really good” when she came to work. She began feeling dizzy while working, stepped off a piece of cardboard approximately 1/2 inch thick which she had been standing on and fell straight back, striking her head on a concrete floor. A fan [727]*727next to her work station was knocked over in connection with her fall. She testified she had never had dizzy spells before, including during a prior pregnancy.

As a result of the fall, plaintiff sustained head injuries which led to a partial hearing loss in one ear and a "constant ringing sound”. From that point forward, she continued having dizzy spells which occurred less frequently as time passed. Although no one witnessed the fall, plaintiff’s supervisor heard the noise and found her unconscious, lying approximately six feet from her molding machine. Deposition testimony of her treating physician established the physical injuries sustained. He could offer no opinion, however, as to the cause of the fall because he testified he had no knowledge of what had occurred.

The hearing referee determined plaintiff was entitled to disability benefits for a period until she went on pregnancy leave. Both sides appealed, and the WCAB reversed the finding relying on Ledbetter v Michigan Carton Co, 74 Mich App 330; 253 NW2d 753 (1977). The board held that plaintiff was not entitled to any benefits because her proofs did not relate her dizziness with her employment. It concluded that her fall was of unknown cause or origin.

The central issue presented in these cases is whether the plaintiffs sustained their burden of proof in establishing that the unexplained falls arose out of their employment. Michigan workers’ compensation law provides: "An employee, who receives a personal injury arising out of and in the course of employment by an employer who is subject to this act at the time of the injury, shall be paid compensation as provided in this act.” MCL 418.301; MSA 17.237(301).

Workers’ compensation claimants carry the bur[728]*728den of proving causation by a preponderance of the evidence. "In all successful worker’s compensation cases, the claimant must establish by a preponderance of the evidence both a personal injury and a relationship between the injury and the workplace.” Miklik v Michigan Special Machine Co, 415 Mich 364, 367; 329 NW2d 713 (1982). See, also, Young v K Mart Corp, 123 Mich App 789; 333 NW2d 359 (1983).

In McClain, the WCAB concluded that "[pjroofs submitted on this record do not sustain his burden of proof that his loss of consciousness and fall were in any way related to his work. We so find as fact”. In Gapinski, the WCAB found that "[plaintiff’s proofs have not related her dizziness with her work”.

Findings of fact in workers’ compensation cases will not be set aside in the absence of fraud if there is evidence in the record to support such findings. Const 1963, art 6, § 28; MCL 418.861; MSA 17.237(861). A review of the record in each of these cases persuades us that the WCAB’s findings of fact should not be set aside since the evidence (or lack of it) allows a conclusion that each plaintiff failed to sustain his or her burden of proof regarding causation.

In each case, the claimant presented no expert testimony concerning causation. The WCAB was free to reject McClain’s speculation that his fall may have been caused by his reaction to fumes or by repeated bending required to perform his job. Likewise, the WCAB was free to refuse to rely on Gapinski’s speculation that she may have been made dizzy from fumes emanating from her machine or that her work station and conditions constituted substantial employment contribution to the injury.

This Court will, however, reverse where the [729]*729WCAB has operated within the wrong legal framework or has employed incorrect legal standards in reaching its decision. Koschay v Barnett Pontiac, Inc, 386 Mich 223; 191 NW2d 334 (1971); Schaefer v Williamston Community Schools, 117 Mich App 26; 323 NW2d 577 (1982). Both plaintiffs claim that the employer has the burden of proving that the fall is idiopathic where the plaintiff establishes that the injury arises out of an employment setting characterized as a positional or neutral risk. They rely principally on the case of Whetro v Awkerman, 383 Mich 235; 174 NW2d 783 (1970), in support of this proposition. In Whetro, plaintiff was injured when a tornado destroyed the residence in which he was working for his employer. The Supreme Court affirmed the award of benefits, holding that Michigan law did not require the establishment of a proximately causal connection between the employment and the injury.

McClain argues that the requisite causal connection is shown by the chronological sequence in which his injuries occurred. As an alternative, McClain argues that his case involves a neutral risk, and thus is compensable under Whetro because the employment was the occasion of the injury.

Gapinski argues that, under Whetro,

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McClain v. Chrysler Corp.
360 N.W.2d 284 (Michigan Court of Appeals, 1984)

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360 N.W.2d 284, 138 Mich. App. 723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclain-v-chrysler-corp-michctapp-1984.