Pereira v. Industrial Structures Commercial, 020706 MIWC, 2006-321

Case DateFebruary 07, 2006
CourtMichigan
LIBER E. PEREIRA, SS# xxx, AND WILLIAM S. STERN, Plaintiffs, V
V.
INDUSTRIAL STRUCTURES COMMERCIAL & GENERAL CONTRACTORS, AND ST. JOSEPH MERCY HOSPITAL – ANN ARBOR, Defendants.
No. 2006-321
Michigan Workers Compensation
State of Michigan Department of Labor and Economic Growth Worker’s Compensation Agency Board of Magistrates
February 7, 2006
         The social security number and dates of birth have been redacted from this opinion.           TRIAL DATE This case was tried on May 10, 2006.           PLAINTIFF: William S. Stern (P27396)           DEFENDANTS:           For Industrial Structures: Deborah A. Strain (P46256)           For St. Joseph Mercy Hospital: Eric Tucciarone (P52767)           OPINION           JAN C. LEVENTER, MAGISTRATE (230G), JUDGE          CLAIM          Plaintiff William S. Stern, Attorney for Plaintiff/Claimant Liber E. Pereira, by Amended          Application for Mediation or Hearing – Form A, filed June 13, 2005, by Application for Mediation or Hearing – Form C, filed January 9, 2006, and, by Amended Application for Mediation or Hearing – Form C, filed March 24, 2006, alleged a claim for attorneys fees as follows:          William S. Stern, attorney for plaintiff, is hereby requesting an award of an attorney’s fee pursuant to MCS 418.315(1) in the event the employer pays the medical bills or is caused to pay the medical bill. Amended Application for Mediation or Hearing – Form A, June 13, 2005.          Plaintiff’s attorney performed substantial work and invested substantial sums in an effort to obtain payment of medical bills and was successful in obtaining agreement to pay medical bills and attorney contends that medical provider St. Joseph Mercy Health System should pay reasonable attorney fee to plaintiff’s attorney plus reimburse costs. Application for Mediation or Hearing – Form C, January 9, 2006.          Plaintiff’s attorney performed substantial work and invested substantial sums to obtain payment of medical bills and was successful. Plaintiff’s counsel should be paid fee from fund obtained to pay...

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