WILMA J HILLSBURG SS # xxx Plaintiff,
v.
PHARMACIA & UPJOHN COMPANY INC, AND ZURICH AMERICAN INSURANCE COMPANY, Defendants.
No. 2006-199
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers Compensation Agency Board of Magistrates
October 1, 2006
The
social security number and dates of birth have been redacted
from this opinion.
Trial
was completed on September 20 2006 in Kalamazoo County
Michigan. The sole issues for this trial were whether the
plaintiff was entitled to an order of payment for outstanding
medical expenses due to a back surgery and ensuing
treatments, and whether, assuming she prevails on that issue,
attorney fees are appropriate pursuant to MCL 418.315 (1). No
trial with respect to injury or disability issues was
requested and plaintiff continues to receive voluntary
payments of disability benefits as of the date of trial.
THE
PLAINTIFF Eric Kihm P 42577 for Plaintiff.
THE
DEFENDANT Jane Hofmeyer, P 44352 for Defendants.
OPINION
MICHAEL T. HARRIS, MAGISTRATE, 199, JUDGE
The
parties submitted briefs on the issues in this case, whether
the medical incurred was reasonable and necessary, and
whether the plaintiff’s attorneys are entitled to an
attorney fee on the medical bills incurred for the 2004
surgery.
EVIDENCE
Plaintiff,
Wilma Hillsburg, testified on her own behalf that she was
born xxx and is 71 years old. She worked for defendant about
18 years. She was in printed materials for 7 years, and then
had to go back on the line, doing coded packaging. She was
injured 6/3/97 and was taken to the hospital the next day by
her husband. This was a back injury and she had surgery.
Workers comp paid those bills. She points to an area of her
low back, on the right side where the problem was.
Following
1997, she did all right for awhile and then began having
problems again. Her problems were in the same spot. She saw
Dr. Dall. He recommended additional surgery. She contacted
the carrier through her husband who talked to a man there who
told them to go ahead...
