Nelson v General Motors Corporation, 2009 ACO #11
The cases of Nelson v General Motors Corporation and Coleman v General Motors Corporation were consolidated and designated en banc. The cases dealt with the analysis of out-of-state aggravation of cumulative trauma injuries in Michigan.

The Plaintiff in Nelson was granted an award of medical only on a finding of work-related carpal tunnel syndrome.

The Plaintiff filed a claim for review, arguing that the Magistrate committed a legal error in not awarding wage loss benefits after finding the carpal tunnel to be work related. The Defendant filed a Cross Claim for Review arguing that Plaintiff was last subjected to conditions which caused her carpal tunnel syndrome while working in Kentucky and as a result, the Magistrate did not have jurisdiction to find against the Defendant.

The Workers’ Compensation Appellate Commission held in the case of cumulative trauma as set forth in MCL 418.301(1), the last day of work in the employment in which the employee was last subjected to the conditions that resulted in the employee’s disability or death, would be the last day of work in such employment in Michigan. The Magistrate would not have jurisdiction to make a determination as to whether the employee was subjected to conditions that resulted in the disability or death in another state. He/she must make findings based only on the Michigan employment.

In the case of Coleman, the Plaintiff appealed the decision of the Magistrate denying the Plaintiff’s claim for benefits on a finding that the Board of Magistrates did not have subject matter jurisdiction over Plaintiff’s disability.

In the Magistrate’s opinion, he sets forth a summary of the Plaintiff’s testimony. As noted in the Magistrate’s summary, the Plaintiff alleged an October 18, 1995, date of injury. The Defendant denied liability as the Plaintiff was not a Michigan resident at the time that he became disabled. The Plaintiff was a resident of Georgia when his upper extremity condition became totally disabling. He had worked in Georgia for the Defendant for over five years, before going off work on disability retirement.

The Magistrate found that the work performed in Georgia aggravated Plaintiff’s condition, pursuant to MCL 418.301(1). However, the Magistrate did not have jurisdiction to apply MCL 418.301(1) to determine whether Plaintiff suffered an injury/aggravation in Georgia, as that employment was not subject to the Michigan Act. The Workers’ Compensation Appellate Commission advises that the Magistrate only had jurisdiction to apply MCL 418.301(1), to determine what, if any, injury Plaintiff sustained at the Michigan employer.

The Nelson case was remanded for findings based on the Michigan employment only. In the case of cumulative trauma, the analysis as to whether or not the claimant suffered a compensable injury must involve the last day of work in the employment in Michigan in which the employee was last subjected to the conditions that resulted in the employee’s disability.

The Coleman case was remanded to make specific findings relative to the alleged date of injury in Michigan and to determine whether or not the work in Michigan contributed to Mr. Coleman’s injuries, and whether or not he is entitled to benefits as a result of same. The analysis must take into account the alleged October 18, 1995, date of injury while employed in Michigan without considering any work performed in Georgia, specifically as it pertains to MCL 418.301(1).