Wilkins v. General Motors Corp.

517 N.W.2d 40, 204 Mich. App. 693
CourtMichigan Court of Appeals
DecidedMay 2, 1994
DocketDocket No. 146588
StatusPublished
Cited by1 cases

This text of 517 N.W.2d 40 (Wilkins 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
Wilkins v. General Motors Corp., 517 N.W.2d 40, 204 Mich. App. 693 (Mich. Ct. App. 1994).

Opinions

Shepherd, P.J.

This Court granted plaintiffs application for leave to appeal with regard to the question whether she is "disabled” under § 301 of the Workers’ Disability Compensation Act, MCL 418.301; MSA 17.237(301). We conclude that the Workers’ Compensation Appeal Board applied an erroneous interpretation of the act when it found that plaintiff was not disabled. We reverse the decision of the wcab, and remand for further proceedings in accordance with this opinion.

Plaintiff’s claim of psychological.disability arose out of a dispute with a co-worker, Mr. Cash. Plaintiff and Mr. Cash gave divergent testimony regarding the origin of the dispute. In any event, a dispute erupted that led to a physical altercation between plaintiff and Mr. Cash. The wcab made the following findings of fact and conclusions of law with respect to the altercation and plaintiffs subsequent condition:

The parties stipulated that the plaintiff was involved in an incident on July 17, 1985. It is found as fact that this incident did occur. The [695]*695plaintiff’s claim is based on an ongoing psychiatric disability resulting from this incident. The defendant argues, and the Administrative Law Judge so found, that Ms. Wilkens [sic] was disabled as a result of this incident until September 30, 1985, at which time she was released to return to work by her treating psychiatrist.
It is noted and found as fact that both the plaintiff and Chester Cash required medical attention. Both employee Cash and Ms. Wilkens [sic] were sent to the labor relations department to remain there till the end of the shift. Ms. Wilkens [sic] later sought treatment at the Bay Medical Center, where x-rays were taken and a prescription was given to her. Ms. Wilkens [sic] began treating with her personal psychiatrist, Dr. Aygen, on July 30, 1985. She was admitted to the psychiatric ward at the Bay Medical Center on August 8, 1985 and was discharged on August 12, 1985.
The undersigned finds the testimony of Dr. Ay-gen to be more credible with respect to Ms. Wilk-ens’ [sic] condition and ongoing problems. Dr. Ay-gen had treated Ms. Wilkens [sic] over a number of years and was familiar with Ms. Wilkens’ [sic] response to treatment and ability to function. It is found as fact that Ms. Wilkens [sic] did suffer from an adjustment reaction with depressive features following the July 17, 1985 incident. It is further found as fact that as of September 30, 1985 Ms. Wilkens [sic] had recovered to the point of being able to return to work.
The plaintiff argues that the fact that Dr. Aygen released Ms. Wilkens [sic] to return to work with the recommendation that she not be placed on a job assignment near or with Mr. Cash is in fact a return to restricted employment. However, as Ms. Wilkens [sic] has no limitation in her wage earning capacity in her general field of employment she is not entitled to compensation benefits beyond September 30, 1985. The fact that Ms. Wilkens [696]*696[sic] should not return to work with a specific co-employee does not create such a limitation. Mur-dock v Michigan Health Maintenance Organization, 151 Mich App 578; 391 NW2d 757 (1986). In Murdock the Court of Appeals held that disability could not be based on the fact that an employee could not return to work for her employer, rather, the employee can be found disabled only if, as a result of her injury, her wage earning capacity in her general field of employment has become limited. In the instant case, Dr. Aygen has not even prohibited Ms. Wilkens [sic] from returning to work at General Motors, only from returning to work with a specific co-employee. Clearly, pursuant to Murdock, Ms. Wilkens [sic] must be found to be not disabled as of September 30, 1985.
The Administrative Law Judge found that Ms. Wilkens [sic] was disabled as a result of her July 17, 1985 incident until September 30, 1985. We affirm this finding.

The sole issue on appeal is whether the wcab erred in its conclusion that plaintiff was not disabled on September 30, 1985.

As is evident from the foregoing decision, the wcab relied heavily upon this Court’s decision in Murdock v Michigan Health Maintenance Organization, 151 Mich App 578; 391 NW2d 757 (1986). (Murdock I)

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Related

Bates v. Mercier
568 N.W.2d 362 (Michigan Court of Appeals, 1997)

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Bluebook (online)
517 N.W.2d 40, 204 Mich. App. 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkins-v-general-motors-corp-michctapp-1994.