GARY ALDEN SS # xxx Plaintiff, and PHILIP DELLA SANTINA AND DAVIDSON, BREEN AND DOUD, ATTORNEYS, BY FORM C PETITION TO FIX FEES,
v.
GENERAL MOTORS CORP, SELF-INSURED Defendant.
No. 2006-9
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.
OPINION
THE
PLAINTIFF AND THE FORM C PETITIONERS Philip Della Santina, P
12652 for plaintiff and the petitioners.
THE
DEFENDANT Thomas Ruth, P 44434 for General Motors.
MICHAEL T HARRIS, MAGISTRATE, JUDGE
THE
PROCEEDINGS
This is
a hearing on a post-award petition concerning attorney fees.
Specifically, the attorneys, Philip Della Santina, and
Davidson Breen and Doud claim that since GM mailed the checks
to plaintiff which included their attorney fees, GM must pay
them the fees, since plaintiff has failed and refused to
disgorge the fees portion of his payments. The matter was
submitted on oral argument and briefs.
DISCUSSION
AND FINDINGS
At the
outset I observe that plaintiff’s Form C petition has
an X in Box 7, “Petition to fix fees” and in the
space provided on the form for an explanation, it says,
“See attached.” The attachment is a request for a
Rule 5 hearing. However, the Agency assigned the matter to
the undersigned since it was styled as a petition to fix fees
rather than as a request for a rule 5 hearing. The rule 5 box
on the form is not checked.
Both
briefs address the matter as though it was a Rule 5 hearing,
but both parties appeared and argued the matter before this
Magistrate, and sent their briefs to this Magistrate. Since a
Rule 5 hearing is to be held by the Director of the
Agency[1], the first determination to be made
is whether this is a Rule 5 matter or a petition to fix fees.
By its nature, the claim here is a bit of both, but since the
parties have obviously consented to the matter being brought
here, and since any determination under a Rule 5 decision may
be...
