Angela K. Richardson SS# xxx Plaintiff,
v.
Delphi Corporation, Self-insured Defendant.
No. 2006-399
Michigan Workers Compensation
State of Michigan Department of Labor & Economic Growth Workers’ Compensation Agency Board of Magistrates
February 8, 2006
The
social security number and dates of birth have been redacted
from this opinion.
TRIAL
DATE: October 3, 2006
Timothy S. Burns (P45661), attorney for Davidson, Breen and
Doud PC
OPINION
PAUL
PURCELL, MAGISTRATE (224G), JUDGE
STATEMENT
OF CLAIM:
The
hearing was held on attorney Timothy S. Burns’s
Application for Mediation or Hearing – Form C. This was
received by the Bureau on March 31, 2006. In it Mr. Burns
stated “Plaintiff’s attorney represented Angela
Richardson in a petition to stop. Also as a result of that
petition to stop did file a penalty petition. Issues were
resolved by way of 115. The Plaintiff has refused to sign the
check. And has also not made payment on expenses. This
petition is to make allowances for Plaintiff’s attorney
fee and recoupment of expenses. Plaintiff will be asking the
Court to allow Delphi to issue the accrued check in the
amount of $350.00 directly to Plaintiff’s attorney to
represent expenses in this matter. And also to withhold
weekly benefits in the amount of $331.75 so that it can be
sent to Plaintiff’s counsel to make up the balance of
expenses”.
PROCEDURAL
HISTORY:
The
most recent filings indicate that Delphi Corporation had
filed a petition to stop the payment of benefits to the
Plaintiff. The law firm of Davidson, Breen and Doud PC
represented the interests of Ms. Richardson in that petition
to stop and filed a 104A asking for penalties. Eventually the
issues were resolved and the Form C filed by Defendant was
dismissed and a Voluntary Payment Form was entered into and
thus the Plaintiff’s Application for Hearing was
withdrawn. In the Voluntary Payment Form entered on February
8, 2006, Delphi agreed to pay the Plaintiff the sum of
$350.00 in satisfaction of all disputed claims through the
date of the order.
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