GERALD W. CURRY, SSN: xxx, Plaintiff,
v.
AMERICAN AXLE & MANUFACTURING COMPANY, and PACIFIC EMPLOYERS INSURANCE COMPANY, Defendants./
No. 2006-164
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers' Compensation Agency Board of Magistrates
June 12, 2006
The
social security number and dates of birth have been redacted
from this opinion.
TRIAL
DATES May 2, 2006 June 7, 2006
Plaintiff Charles E. Langton (P39909)
Defendants Daniel M. Rhodes (P31821)
OPINION ON REMAND
JOHN
P. BARIL, MAGISTRATE (212G), JUDGE
ATTORNEYS
PURPOSE
FOR REMAND
By its
Order and Opinion (2004 ACO #197), the Worker's
Compensation Appellate Commission remanded this case to the
Board of Magistrates "with instructions that the parties
return to Circuit Court for the purpose of apportionment of
the proceeds of plaintiffs third-party settlement.”
Defendants filed a Form C Application (Petition to Recoup) on
November 12, 2003. It was withdrawn during the present
hearing.
WITNESSES
Plaintiff
None
Defendants
None
EXHIBITS
Plaintiff
1.
Opinion and Order of Circuit Judge Donald G. Miller dated
March 27, 2006. This exhibit will be referred to as PX1.
Defendants
None
PROCEEDINGS
ON REMAND
This
case has had a long history. Magistrate Sharon L. Smith
conducted a hearing in November, 1997, on Applications filed
by plaintiff. Her Order and Opinion mailed on December 8,
1997, granted an open award of benefits on the basis of an
injury on August 19, 1994. The award was affirmed on August
12, 1999, by the Worker’s Compensation Appellate
Commission (1999 ACO #470). Defendants’ applications
for leave to appeal were denied by the Court of Appeals and
the Supreme Court.
On
December 21, 2000, plaintiff filed a Form C Application
seeking...
