DOMINGO HERNANDEZ, SSN: xxx, Plaintiff,
v.
POWER PROCESS PIPING, INC., VALLEY FORGE INSURANCE COMPANY, Defendants. No. 2006-201 October 2, 2006 ORDER
No. 2006-272
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
October 8, 2004
The
social security number and dates of birth have been redacted
from this opinion.
HEARING DATE September 12, 2006
Judythe Johnson (P-32411) on behalf of plaintiff.
David
P. Grunewald (P-26446) on behalf of defendant.
OPINION
VALENCIA L. JARVIS, MAGISTRATE (213G), JUDGE.
STATEMENT
OF CLAIM
“Defendant
refuses to pay pursuant to an open award dated 9/21/04”
and “Penalties are owed for late payment of accrued
benefits awarded in Magistrate’s decision on
9/21/04.”
STIPULATIONS
The
parties stipulated that the magistrate’s award was
mailed on October 1, 2004.; that there was no appeal of that
order; that weekly benefits owed for the period September 19,
2003, through November 1, 2004, in the amount of $35,810.11
were timely paid; a check draft in that amount was received
by plaintiff on November 19, 2004; and that accrued benefits
owed for the period July 20, 1999, through August 26, 1999,
in the amount of $3,148.57 were not paid at the time the
draft was received by plaintiff on November 19, 2004.
WITNESSES
TESTIFYING PERSONALLY
Plaintiff
None
Defendant
None
EXHIBITS
Plaintiff
1.
Argument in Support of Penalty
Defendant
A.
Defendant’s Trial Statement
DISCUSSION
This
matter returns to the Agency pursuant to plaintiff’s
petitions dated November 30, 2004, and May 31, 2005. At
hearing, the parties stipulated to the aforementioned facts.
The issue to be resolved is whether penalties and interest
are owed based on defendant’s failure...
