Osworth v. Barnes Group, Inc., 022306 MIWC, 2006-334

Case DateFebruary 23, 2006
CourtMichigan
DOUGLAS OSWORTH, S.S.# xxx, PLAINTIFF,
v.
BARNES GROUP, INC, and TRAVELERS INSURANCE COMPANY, DEFENDANTS.
No. 2006-334
Michigan Workers Compensation
State of Michigan Department of Labor and Economic Growth Board of Magistrates
February 23, 2006
         The social security number and dates of birth have been redacted from this opinion.           HEARING DATES 1/31/06           Thomas Carolan (P33694) on behalf of defendants/petitioner           Karlan Bender (P36867) on behalf of plaintiff/respondent           OPINION           MARY C. BRENNAN, MAGISTRATE (178), JUDGE          STATEMENT OF CLAIM          Defendants seek recoupment of all weekly benefits paid to plaintiff after January 17, 2002.          EXHIBITS          Defendants          1. Letter requesting recoupment          2. Payment record          DISCUSSION, FINDINGS OF FACT AND CONCLUSIONS OF LAW          On February 12, 2002, defendants filed a petition to stop the payment of benefits being paid to plaintiff pursuant to the prior order. A hearing was held before this magistrate after which I entered a decision and order finding that plaintiff’s disability had ended as of January 17, 2002. That decision was mailed on April 3, 2003 and per the testimony of Linda Meek, the claims representative handling Mr. Osworth’s claim, defendant stopped paying plaintiff’s weekly benefits on April 7, 2003, in accordance with the decision. Ms. Meek testified that all benefits were paid from January 17, 2002 to April 7, 2003. On April 14, 2003, Ms. Meek sent plaintiff a letter requesting repayment of the overpayment representing those benefits paid to plaintiff from January 17, 2002 through April 7, 2003. On May 14, 2003, defendants filed the instant petition to recoup benefits it paid to plaintiff after January 17, 2002. Plaintiff did not appear at the hearing and there is no...

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