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Tew v. Hillsdale Tool & Manufacturing Co.10/13/2005
FOR PUBLICATION
Before: Fort Hood, P.J., and Meter and Schuette, JJ.
Plaintiff appeals as on leave granted from an order of the Worker's Compensation Appellate Commission (WCAC) that affirmed the magistrate's decision to award only one $1,500 penalty under MCL 418.801(3) for multiple late payments of medical expenses. This Court initially denied plaintiff's application for leave to appeal, after which plaintiff sought leave to appeal in the Supreme Court. In lieu of granting the application, the Supreme Court remanded the matter to this Court for consideration as on leave granted. 469 Mich 978 (2003). We conclude that the WCAC did not err in upholding the magistrate's decision.
In July 2002, plaintiff filed an action to impose multiple penalties against defendant Liberty Mutual Insurance Company (Liberty) for a failure to pay medical bills in a timely manner under MCL 418.801(3). MCL 418.801(3) states:
If medical bills or travel allowance are not paid within 30 days after the carrier has received notice of nonpayment by certified mail, in cases where there is no ongoing dispute, $50.00 or the amount of the bill due, whichever is less, shall be added and paid to the worker for each day over 30 days in which the medical bills or travel allowance are not paid. Not more than $1,500 in total may be added pursuant to this subsection.
The dispute on appeal is whether, under this statutory provision, plaintiff is entitled to one $1,500 penalty for the late payments of allmedical bills to date or to a separate $1,500 penalty for each late payment by Liberty.
The parties stipulated to the following facts:
1. Following a trial of this case, Magistrate Carolyn Bruce Erickson issued an Opinion/Order dated 1-25-93 granting Plaintiff wage-loss benefits at the rate of $367.08 per week from 9-10-91 until further order from the Bureau. The Magistrate found Plaintiff had developed right carpal tunnel syndrome due to his employment activities in 1991; that he developed a low back problem due to a work related injury in 1988; and that he sustained a partial amputation to his right foot as a result of an injury he sustained on 2-24-68. Plaintiff had previously been found to have sustained the industrial loss of use of his right foot due to the injury he had sustained on 2-24-68 when Hillsdale Tool was insured by Lumberman's Mutual Insurance Company. The Magistrate found each of these conditions had been aggravated by Plaintiff's employment activity through his last day of work on 9-10-91, when Hillsdale Tool was insured by Defendant carrier, Liberty Mutual Insurance Company.
2. On Claim for Review, the Workers' Compensation Appellate Commission by Order dated 11-8-93 affirmed . . . the Magistrate's Opinion/Order with regard to the carpal tunnel and back conditions. It modified the Magistrate's Opinion/Order with regard to his right foot condition finding the facts established Plaintiff's work activities caused a symptomatic aggravation rather than a pathologic aggravation of his right foot.
3. Defendant carrier has been paying Plaintiff workers compensation benefits pursuant to the Bureau Orders since the issuance of said Orders and the denial of Defendant's Application for Leave to Appeal issued by the Michigan Court of Appeal's dated 4-5-94.
4. Plaintiff's present Application for Hearing -- Form A filed with the Bureau on 1-31-00 asserts a Claim for Penalty Payment for failure to pay work related mileage expense, reimbursement, meal expense reimbursement, pharmacist expense for medication, and medical expense to U of M Health Systems (for treatment on 9-10-98, 10-5-98 and 3-26-99); White & White
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