Often doctors, hospitals and physical therapy clinics are not represented in Workers’ Compensation cases. In order for a medical provider to guarantee that their bills are going to be paid they need to file a specific form with the Workers’ Compensation bureau. Our Metro Detroit Workers’ Compensation law office represents many hospitals and doctors in Michigan Workers’ Compensation cases.
In Neuhaus v. Pepsi Cola Metro. Bottling Co., N.W.2d, 2009 WL 2873042,Mich.App.,2009, the defendants argued that an award of attorney fee under § 315(1) must be divided proportionately, not added to the amount of medical expenses that they are required to pay. Their position is that an attorney fee award is not to be paid by the employer or its insurance carrier, but by the employee and/or the health care provider(s) and prorated in accordance with the amount of medical expenses for which the employee has paid and is reimbursed and the amount that the employer pays directly to the health care provider(s). We review de novo questions of statutory interpretation. Paige v Sterling Heights, 476 Mich 495, 504; 720 NW2d 219 (2006).
In Petersen v Magna Corp, 484 Mich 300; 773 NW2d 564 (2009), a majority of the Supreme Court concluded that employers and their insurance carriers, and not health care providers and employees, are the only parties subject to a proration of attorney fees under § 315(1). Id. The Supreme Court majority affirmed the magistrate’s order that the defendants, “various business entities that were either found to be plaintiff’s ‘employer’ for purposes of the WDCA[5] or else liable for those payments as insurers,” Id.
Pursuant to Peterson, defendants were the only parties subject to a proration of attorney fees under § 315(1) and the fees could be imposed against defendants in addition to the payments of plaintiff’s medical expenses. Accordingly, we affirm the WCAC’s award of attorney fees.
Our Metro Detroit, Michigan law office regularly handles Michigan Workers’ Compensation cases for doctor bills, hospital bills, and physical therapy bills. If you are a doctor, hospital, or physical therapy clinic, etc. who is not represented in Workers’ Compensation cases contact our office immediately. You need a qualified Michigan Workers’ Compensation lawyer from our office to protect your interests.
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