Maria Coss SS # xxx Plaintiff,
v.
Delphi Corporation and Sedwick Claims Management Services, Inc. Defendant.
No. 2006-21
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
March 15, 2006
The
social security number and dates of birth have been redacted
from this opinion.
Timothy S. Burns (P45661), attorney for the Plaintiff
Sara
Byron Ryan (P46907), attorney for the Defendant
OPINION
JAMES
J. KENT, MAGISTRATE (229G), JUDGE
STATEMENT
OF CLAIM:
Plaintiff’s
original Application for Mediation or Hearing, was received
at the Bureau on January 8, 2004.The original petition listed
an injury date of July of 2003, with disability from October
of 2003 to present. Paragraph 25 states Ms Coss continued to
work as a janitor without problems until July
2003.
At trial, Plaintiff specified an injury date of July 8, 2003.
At that time, she tripped over her mop bucket causing severe
pain in her left knee. She was treated continuously by plant
medical. Plant medical referred this lady to Anthony de Bari,
M.D. Surgery was performed. She was told by the National
Benefit Center that they are disputing the plant
doctor’s opinion that it is work-related and are going
to pay this lady sickness and accident benefits.
Defendant
filed a carrier responses received at the Bureau on March 18,
2004, denying the claim.
STIPULATIONS:
Defendant
stipulated that both the parties were subject to the act on
the alleged dates of injury, that respondent insurance
carrier carried the risk, and that if a compensable
disability were proven, the benefit rate would be $630.28. It
was stipulated that the employer received claim by petition,
and notice was left to proofs. In paragraph 9 of the stip
sheet, it was stipulated that Plaintiff received Sickness and
accident which could be coordinated “where
appropriate”. The remaining matters were left to
proofs.
OTHER
PLEADINGS:
Genesis
Regional Medical Center filed an Application Form C on May
18, 2005, asserting that the Health Care Provider was
entitled to reimbursement for unpaid medical for which the
“carrier disputed the utilization of medical
services”. It asserted that it had presented bills for
on three separate occasions totaling $7,106.00. No appearance
or proofs were taken at trial on this petition. At the outset
of trial, Plaintiff and Defendant indicated that there may be
some question as to which bills related to the work injury,
but that they were not litigating that issue at this point.
WITNESSES
TESTIFYING PERSONALLY:
Plaintiff:
Maria J
Coss
Defendant:
None
WITNESSES...
