ANDREW MAYNER SS # xxx Plaintiff,
v.
GENERAL MOTORS CORP, SELF-INSURED, Defendant.
No. 2006-392
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
March 1, 2006
The
social security number and dates of birth have been redacted
from this opinion.
THE
PLAINTIFF Michael P Doud, P 55491, for Plaintiff.
THE
DEFENDANTS Thomas Ruth, P 44434, for Defendant.
OPINION
MICHAEL T. HARRIS, MAGISTRATE, 199, JUDGE
THE
CLAIM
This
claim was originally tried to this Magistrate and an open
award resulted. That award and order were mailed by the then
Workers & Unemployment Compensation Bureau on 4/10/03.
This matter is back before the now Workers Compensation
Agency, on a petition filed by plaintiff on 1/24/05, seeking
an order concerning the calculation of a proper accrued
payment, a penalty for failure to have appropriately paid the
benefits, and seeking penalties for failure to pay medical
coverage for the work-related condition.
This
matter was assigned to Magistrate Harris. However, entry of a
new Magistrate into the case rotations in Flint required
realignment of the dockets, and this claim was assigned to
Magistrate Ambrose, who requested argument and briefs on the
issues. Further briefs were prepared in lieu of oral
argument. Thereafter, Magistrate Ambrose was reassigned to
Lansing, at which time this case was transferred back to
Magistrate Harris, before whom it now comes up for decision.
FINDINGS
AND CONCLUSIONS OF LAW
1.
Plaintiff’s petition properly states a claim for
medical coverage under the open award issued, and for failure
to pay accrued benefits under the open award, in the correct
amounts. The application also properly asks for assessment of
a penalty for each “violation” in the sum of
$1,500.00.
2.
Failure or refusal to pay and furnish appropriate medical
care for an injured worker who operates under an open award
is a serious matter. The time has passed for GM to be able to
quibble...
