Pichardo v. Leggett & Platt, Inc., 041306 MIWC, 2006-419

• Case Date: April 13, 2006
• Court: Michigan

MARGARITA PICHARDO SS# xxx Plaintiff, v. LEGGETT & PLATT, INC./ UNITED STATES FIDELITY & GUARANTY COMPANY, Defendants. No. 2006-419 Michigan Workers Compensation State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates April 13, 2006          The social security number and dates of birth have been redacted from this opinion.           The Trial Date: March 29, 2006           THE PLAINTIFF James R. Rinck (P34355)           THE DEFENDANTS Jane C. Hofmeyer (P44352)           OPINION           TIMOTHY MCAREE, MAGISTRATE (221G), JUDGE          SUMMARY OF FACTS          This case was presented to the court by way of signed stipulated set of facts which are incorporated into this opinion:          STIPULATED SET OF FACTS          NOW COME the parties, by and through their respective attorneys, and hereby submit the above matter on the following stipulated set of facts:

1. On February 16, 2005, Magistrate Donna Grit entered a Redemption Order in the above-captioned matter. (See attached Exhibit A.)

2. The matter was redeemed in the amount of $35,000.00 “plus payment of medical bills under cost containment provisions.”

3. Plaintiff’s counsel provided defense counsel with two medical bills, one in the amount of $285.00 due and owing Dr. David J. Mazur, and one in the amount of $1,086.00 due and owing Rehabilitation and Physical Medicine Specialists, PC. (See attached Exhibit B.)

4. On February 17, 2005, the redemption documents and the two bills in question were mailed to the third-party administrator.

5. On August 3, 2005, plaintiff’s counsel advised defense counsel, by regular mail, that the two bills in question were never paid.

6. On August 17, 2005, pursuant to defense counsel’s request, plaintiff’s counsel forwarded copies of the outstanding bills in question via facsimile transmission to defense counsel’s office.

7. On August 19, 2005, the bills in question were sent via facsimile transmission to the third-party administrator by defense counsel.

8. On August 31, 2005, plaintiff’s counsel filed a penalty petition alleging, “Plaintiff redeemed her case against defendant on February 16, 2005, and part of the Redemption Agreement required defendant to pay medical bills. Defendant has failed to pay those bills. Plaintiff thus requests penalty provisions.”

9. On September 6, 2005, the third-party administrator forwarded to defense counsel a printout reflecting the two bills in question had been paid on August 22, 2005, nine days prior to the filing of

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