Sosnowski v. Hamburger

170 N.W.2d 153, 17 Mich. App. 547, 1969 Mich. App. LEXIS 1245
CourtMichigan Court of Appeals
DecidedMay 29, 1969
DocketDocket No. 5,074
StatusPublished
Cited by3 cases

This text of 170 N.W.2d 153 (Sosnowski v. Hamburger) 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
Sosnowski v. Hamburger, 170 N.W.2d 153, 17 Mich. App. 547, 1969 Mich. App. LEXIS 1245 (Mich. Ct. App. 1969).

Opinion

Cynar, J.

From the spring of 1962 until December 3,1963, the American States Insurance Company insured the coverage of the employer of the plaintiff under the workmen’s compensation act, the employer being Dandy Hamburger. From December 3, 1963, St. Paul Insurance Company was the insurance carrier through September 7, 1964, the last day of plaintiff’s employment.

On November 30, 1964, Dr. Harold Plotnick testified that he was a licensed practicing physician, specializing in dermatology. He saw the plaintiff on September 8, 1964, regarding a painful swelling [549]*549of the right ring finger which had its onset on September 2, 1964. He saw her on October 3, 1964, and found and excised a cystic structure on the right ring finger. It was his opinion that the cyst which was excised was different from any difficulty that she had previously had. He stated that on January 24, 1964, when he saw her, she was completely clear of any dermatitis of her hands. He did not believe the cyst related to her work, nor was it related to the previous type of dermatitis.

On October 7, 1965, Dr. Harold Plotnick further testified that he saw the plaintiff on August 6, 1965. Pie first saw her on November 13, 1962, for contact dermatitis, and treated her for that condition until she was discharged in 1964 when there was no trace of dermatitis on her hands. He then saw her on September 8, 1964, and several other times in September and early in October. It was his opinion that, in September, 1964, and subsequently, there was no evidence of a neurodermatitis condition. The doctor was uncertain whether the plaintiff’s removal from irritants back in 1962 would clear up her condition; he said that many people with dermatitis work in wet conditions and with treatment continue to work without any disability, clearing up of the condition varying from patient to patient. Since she has not been employed since September, 1964, he thought it was reasonable for him to assume that any irritant responsible for the changes seen in the skin at this time are occurring in her home life. He did not think that working over the four-year period aggravated her condition.

The deposition of Dr. Edward S. Wikiera, taken on June 24, 1965, in behalf of defendants Dandy Hamburger and St. Paul Insurance Company was received. Dr. Wikiera, a licensed physician specializing in the field of dermatology, first saw the plain[550]*550tiff on June 26, 1962, on the recommendation of another patient. The plaintiff stated that she had this problem for three months, and that she had worked as a waitress for nine months at Dandy Hamburger restaurant where, in addition to washing- counters with ammonia water, she used strong detergents. His examination indicated an eruption on her hands and an infection of the left thumb. His diagnosis was contact dermatitis which was the result of constant immersion of the fingers and hands in water, this being related to her job. Treatment was undertaken and he saw her weekly. Subsequently, she was referred to another physician. He did not discharge her from his care. He felt that she still has residual effects of the initial contact dermatitis. He saw her next on September 17, 1964, when he found a dermatitis condition which was changing and developing into a neurodermatitis. He stated that the contact dermatitis was from a defatting- agent, and this condition, after it had persisted for some time due to continuous rubbing and scratching, was causing the patient to develop a neurodermatitis. When seen in September, 1964, the patient gave him a history since last seen by him of continuous difficulty. It is his opinion, based on reasonable medical certainty, that her condition when last seen is related to the condition which he initially found, a complication of the contact dermatitis, this patient being a nervous person whose hands perspire freely and who scratches her hands to relieve the sensation of itch ing. The doctor was of the opinion that the rubbing and scratching could not be completely disassociated from the old dermatitis. It was the doctor’s opinion that her condition in September, 1964, as compared to November, 1962, had not worsened but persisted-he said that he objected to her working in 1962, and that the rash some eighteen months after November, [551]*5513962, was the same, except for the thumb factor which did not relate to contact dermatitis.

On October 4, 1965 and October 7, 1965, testimony of the plaintiff indicated that she commenced work with Dandy Hamburger on September 29, 1961, as a waitress. She had to work at the grill, clean the grill, use ammonia to clean counters, wash walls and backroom floors, work with wet onions and pickles, and clean up with solvents and dishwashing compound. In addition to her earning $1 per hour, she received tips averaging $3 per week, food valued at $1 per day, and some profit-sharing bonuses valued at $300 per year. She worked a 6-day week; her hours worked were always in excess of 48. In June, 1962, her hands were very bad; they were open, split, very swollen and sore. She went to see Dr. Wikiera for both hands on the recommendation of a friend. She was treated by Dr. Wikiera; and, thereafter, she went to the Industrial Clinic and subsequently started treatment by Dr. Plotnick. During the treatment, Dr. Plotnick indicated that her condition would be helped by medicine but would not be cured. She was treated by Dr. Plotnick on and off, the last time being January, 1964; at that time he also prescribed medication to relieve and control dermatitis. Plaintiff also testified that American States Insurance Company advised her that they would no longer pay for medication which they had paid for in the past; and she used up such medication as she had, using it sparingly. On that last date in January of 1964, she discussed her hands with the doctor, and she told him that her hands were not well. He told her if they got worse to contact the insurance agent.

The transcript shows:

“Q. And you are saying to us that yotir first known difficulty with your hands was about in April of 1962?
“A. Yes.
[552]*552“Q. And yon are telling us that from April of 1962 down until you terminated in September, anytime you came in contact with solvents you had your problems ?
“A. Yes.
“Q. And you are telling us that from your note dictation there, that you wrote out in August of 1964 that the condition then, from contact with solvents was worse than ever before ?
“A. Yes, that’s when I got the infected finger.
“Q. So in effect, what you are telling us is that constantly, from ’62 to ’63 and along* in ’64, your condition has gradually worsened and worsened, is that right?
“A. Yes.
“Q. You are telling us that you worked as long as you could?
“A. Yes.
“Q. You are telling us that you continued working through September 7,1964?
“A. Yes.
“Q. And you are telling us that you didn’t lose time until September 7,1964?
“A. Yes.
“Q.

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Related

Shepard v. Brunswick Corporation
193 N.W.2d 370 (Michigan Court of Appeals, 1971)
Sosnowski v. Dandy Hamburger
180 N.W.2d 761 (Michigan Supreme Court, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
170 N.W.2d 153, 17 Mich. App. 547, 1969 Mich. App. LEXIS 1245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sosnowski-v-hamburger-michctapp-1969.