 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Rahman v. Detroit Board of Education3/16/2001
FOR PUBLICATION
9:00 a.m.
In Docket No. 215628, defendant Second Injury Fund (SIF) appeals by leave granted the Worker 's Compensation Appellate Commission's (WCAC) opinion and order affirming the magistrate's decision granting plaintiff an open award of benefits and ordering defendant SIF to reimburse defendant Detroit Board of Education (Board) under MCL 418.372; MSA 17.237(372), in recognition of plaintiff's dual employment at the time of his injury. In Docket No. 224623, plaintiff cross appeals by leave granted the WCAC's decision concluding that the two-year-back rule, MCL 418.381(2); MSA 17.237(381)(2), applied to plaintiff's claim for benefits. In Docket No. 215628, we affirm, and in Docket No. 224623, we reverse.
Plaintiff has a history of back problems. In late 1991, he worked for both the Board and the City of Detroit (City). He worked as a vehicle operator and stock handler for the Board, driving trucks and loading and unloading carts of food for delivery to schools. In his job with the City, plaintiff maintained a boiler room. This work was predominately sedentary.
On November 28, 1991, plaintiff suffered a back injury while working for the Board. During a school food delivery, he held up a cart that was tipping over. While holding the cart, plaintiff felt a pain in his back. He filed an injury report with the Board on that day. Plaintiff continued working, despite his back pain, through December 23, 1991, the beginning of the school system's Christmas break. He returned to work for the Board on January 27, 1992. After making deliveries to two schools, his back and right leg pain increased, and he could not continue working. He has never returned to work for the Board.
After his November 1991 injury, plaintiff continued working for the City. Part of his job included an annual disassembly of the boiler. In the spring of 1992, plaintiff discovered that because of his back condition, he could not perform this work. On May 21, 1992, plaintiff attempted to loosen bolts on a fire door on the boiler but could not do so. He experienced such severe back pain that he had to lay on a table. According to plaintiff, he could not do the work and stopped when he realized this. Plaintiff has not returned to his work with the City. He testified that his pain was greater after May 21, 1992 than after December 23, 1991, and that he can no longer perform physical activities.
Dr. Bruce M. Silverman, a neurologist, examined plaintiff on March 26, 1992. Plaintiff told Silverman about his back history and that he injured his back in December 1991 while performing heavy lifting at work. He told Silverman that he had back pain that radiated into his left leg and that he occasionally experienced weakness in that leg. Based on these statements, Silverman thought plaintiff suffered low back strain and noted the possibility of lumbar radiculopathy.
Silverman reviewed the results of a March 30, 1992 CT scan and an EMG. They revealed nerve root irritation and disc herniation at L4-L5. Silverman diagnosed plaintiff with lumbar radiculitis or nerve root irritation. He thought plaintiff's condition might have been worsened by a degenerative disc. Silverman stated that plaintiff's condition could have been caused by the November 28, 1991 incident. He believed plaintiff should be restricted from heavy lifting, bending, and twisting. According to Silverman, the heavy lifting plaintiff performed after March 26, 1992 as a boiler operator could have aggravated plaintiff's back condition.
Dr. Burt T. Weyhing, a diagnostic radiologist, interpreted March 30, 1992 x-rays of plaintiff's lumbosacral spine. He found moderate degenerative arthrit
Page 1 2 3 4 5 6 7 8 9 Michigan Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|