Rick PETERSEN, Plaintiff-Appellee,
v.
MAGNA CORPORATION and Midwest Employers Casualty Company, Defendants-Appellants. and
Koleaseco and the Accident Fund Company; Magna Corporation and TIG Insurance Company; BCN Transportation Services and TIG Insurance Company; Koleaseco, Incorporated and Citizens Insurance Company; BCN Transportation Services; Serta Restokraft Mattress Company, Incorporated and Harleysville Lake States Insurance Company, Defendants-Appellees.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued January 22, 2009.
Decided July 31, 2009.
Attorney(s) appearing for the Case
Evans & Portenga (by John A. Braden), Muskegon, for Rick H. Petersen.
Robert W. Macy (Daryl Royal, of counsel), Clinton Township, for Magna Corporation and Midwest Employers Casualty Company.
Mark A. Kidder, for BCN Transportation Services, Inc., and TIG Insurance Company.
Martin L. Critchell, Bingham Farms, for amici curiae the Michigan Workers' Compensation Placement Facility.
Steven C. Hess, Richard F. Zapala, and Michael T. Reinholm, Detroit, for amici curiae Accident Fund Insurance Company of America.
Lacey & Jones (by Gerald M. Marcinkoski), Birmingham, for amici curiae the Michigan Self-Insurers' Association.
Kerr, Russell and Weber, P.L.C. (by Patrick J. Haddad, Daniel J. Schulte, and Jonathan S. Berg), Detroit, for amici curiae the Michigan State Medical Society.
Kluczynski, Girtz & Vogelzang (by Duncan A. McMillan), Grand Rapids, for amici curiae St. Paul Fire & Marine Insurance Company.
Dickinson Wright P.L.L.C. (by Joseph A. Fink and Robert W. Powell), Lansing, for amici curiae Blue Cross Blue Shield of Michigan.
Donald M. Fulkerson, Westland, for the amici curiae the Michigan Association for Justice.
Miller Johnson (by Stephen R. Ryan and Marcus W. Campbell), Bingham, for amici curiae the Michigan Health and Hospital Association.
Martin L. Critchell, Bingham Farms, for amici curiae the American Insurance Association.
Supreme Court of Michigan.
MARILYN J. KELLY, C.J.
We granted leave to appeal in this case to determine the parties against whom attorney fees may be prorated under MCL 418.315(1). We conclude that the term "prorate" in MCL 418.315(1) applies only to employers and their insurance carriers. Accordingly, we affirm the judgment of the Court of Appeals.
I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY
This case involves a dispute over workers' compensation benefits. Plaintiff Rick...
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