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No. 120996
| E.W.
Rakestraw, |
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John
A. Braden (231) 830-9190 |
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Plaintiff-Appellee,
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| vs (Appeal
from Ct of Appeals) |
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(Workers'
Comp Appellate Com)
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| General Dynamics Land Systems, |
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Martin L. Critchell (313) 961-8690 |
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Defendant-Appellant.
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Defendant-Appellant's Reply Brief>>
Michigan Self-Insurers' Association and Michigan
Manufacturers' Association Amici
Curiae Brief>>
Michigan Trial Lawyers Association Amicus
Curiae Brief>>
Background
Before working for General Dynamics Land Systems, plaintiff E. W.
Rakestraw underwent fusion of his cervical discs. He was asymptomatic
at the time he started work for General Dynamics. Rakestraw alleged
that the work he did for General Dynamics caused his neck pain to return
and increase. A worker's compensation magistrate found that Rakestraw
should be awarded benefits for the aggravation of his symptoms. The
Worker's Compensation Appellate Commission affirmed the magistrate.
The Court of Appeals denied General Dynamics' request for leave to appeal.
On appeal to the Supreme Court, General Dynamics argues that the aggravation
of pain from a pre-existing condition, as opposed to aggravation of
the pathology of the pre-existing condition, does not constitute a "personal
injury" under the Worker's Disability Compensation Act. Rakestraw
argues in part that "personal injury" is a broad term that
encompasses non-pathological injuries.
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