Murray v. C & J Trucking, Inc., 070319 MIWC, 7322

• Case Date: July 03, 2019
• Court: Michigan

PAUL GEORGE MURRAY XXX-XX-XXXX, Plaintiff, v. C & J TRUCKING, INC., INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and GRANITE STATE INSURANCE COMPANY Defendants. No. 7322 Michigan Workers Compensation State of Michigan Department of Licensing and Regulatory Affairs Michigan Administrative Hearings System Board of Magistrates July 3, 2019          The social security number and dates of birth have been redacted from this opinion.           Petitioner: Granner S. Ries (P29223)           Respondent: Paul G. Murray, In Pro Per (by Affidavit - Declaration)           OPINION ON PETITION FOR APPROVAL OF ATTORNEY FEE           David H. Williams, Magistrate (G253) Judge.          CLAIM:          The pending Application for Mediation of Hearing–Form C (“AFH-C”) was filed by attorney Granner S. Ries on December 12, 2018. It was pled as a “Petition to Fix Fees”. Specially, attorney Ries requested that:

“Petitioner seeks approval pursuant to Chapter 8 of the Act by the magistrate of an attorney fee.”

         HEARING DATE(S):          The Hearing on the AFH-C – Petition was held on May 29, 2019.          PROCEDURAL BACKGROUND AND CASE HISTORY:          The current proceedings were occasioned by what had previously transpired in connection with the litigation of Mr. Murray’s underlying claim against C & J Trucking for workers’ compensation benefits. In a nutshell, this case was tried to completion and which ultimately resulted in the granting of an award to Mr. Murray. During the course of trial, after virtually all of the testimony and evidence had been presented but prior to closing of the record and submission of the case for decision, Mr. Murray’s attorney, Frank K. Penirian, Jr. passed away. The matter was nevertheless utimately concluded at a later date and which resulted in the aforementioned award (BoM Dec. #040815001). Defendants sought review with the Michigan Compensation Appellate Commission (“MCAC”). While the matter was pending on appeal Mr. Murray retained the services of new counsel to represent his interests in the case, being Petitioner-Attorney Ries.          The appeal was never completed, with no decision issued by the MCAC. Rather, the parties, through counsel were able to settle the case, with the matter being finalized by Redemption which was heard and approved by the undersigned Magistrate on December 13, 2017. There was a portion of the proceeds set aside ($14,400.00) and deposited by attorney Ries in his IOLTA account for costs and an attorney fee. This was held while counsel attempted to track down and locate the estate of the late Mr. Penirian or otherwise some successor attorney or law firm which took over his practice and potentially had an interest in the case, whether for costs or expenses incurred by former counsel and/or claim for a portion of the attorney fee involved based upon time and effort expended in pursuit of Mr. Murray’s claim and trial of same. No such estate, individual or entity was ever located. It is the amount, allocation and distribution of these funds which are involved in these proceedings.          EXHIBITS:          There really were no Exhibits per se admitted in connection with the hearing on this case. Subsequent to filing of Petitioner’s AFH-C and service of same by the Workers’ Compensation Agency (“WCA”) the matter was scheduled for a Pre-Trial on February 11, 2019. As a result, it was initially scheduled for “Trial” on March 21, 2019 but adjourned to dates in May 2019...