JAMES MONCREASE SS# xxx Plaintiff,
v.
GENERAL MOTORS/ SELF INSURED Defendant.
No. 2006-367
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
May 5, 2006
The
social security number and dates of birth have been redacted
from this opinion.
TRIAL
DATE The case was tried on May 4, 2006.
PLAINTIFF Benjamin Liggett (P66362)
DEFENDANT In Propria Persona
OPINION
JOHN
J. RABAUT, MAGISTRATE (196), JUDGE
CLAIM
Defendant
is paying worker’s compensation benefits pursuant to an
open award issued by Administrative Law Judge Geffrard.
Plaintiff
filed two Applications for Mediation or Hearing – Form
A on March 16, 2005, and April 13, 2005, seeking a penalty
for defendant’s failure to pay mileage for medical
treatment.
STIPULATIONS
Defendant
stipulated that the mileage submitted was for reasonable and
necessary medical as related to Judge Geffrard’s Order.
Defendant also stipulated that it failed to pay the mileage
timely and that their failure to timely pay would subject
them to the full $1,500.00 penalty.
WITNESSES
TESTIFYING AT TRIAL
PLAINTIFF
James
Moncrease
DEFENDANT
None
EXHIBITS
PLAINTIFF
1
– Mileage claim submitted December 15, 2004
2
– Mileage claim submitted January 4, 2005
DEFENDANT
A
– Tew v Hillsdale
B
– Townsend v M-R Products.
The
only issue at trial was whether plaintiff is entitled to more
than one penalty for defendant’s failure to pay
mileage. Defendant stipulated that it failed to pay two
mileage claims in a timely manner. Plaintiff sought a
$1,500.00 penalty for each mileage claim; defendant argued
that only one $1,500.00 penalty was allowable.
Plaintiff...
