Cathy Hinklin v Stone Crest Motel
Release Date: Dec. 15, 2020 (Nov. 2011 accident date)
Venue: Wayne County
Plot Summary: Commission affirms PTD against SIF for combo based on primary neck condition and multiple prior conditions.
11-111607
Cast
Young, ALJ
Rice, atty
Rhoades, atty
Shea
Volarich
Comments: Claimant settled the primary for 33% BAW. The Fund total was based on a combo of back, neck, right leg, migraines, PTSD. The ALJ found surveillance video did not materially contradict her testimony or medical opinion. A dissent noted claimant was "honorable" but her memory was "selective" and would not have awarded PTD benefits.
The case addresses two evidentiary issues: it allowed admission of claimant's deposition, over objection, and notes a foundation was satisfied to permit its admission. It also permits questions about a report from a deceased vocational expert attached to another deposition when the attached report itself was not offered into evidence.
