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...