RICK PETERSEN V MAGNA CORP

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STATE OF MICHIGAN COURT OF APPEALS UNPUBLISHED April 17, 2008 RICK PETERSEN, Plaintiff-Appellee, Nos. 273293, 273294 WCAC LC Nos. 03-000260, 03-000036 v MAGNA CORPORATION and MIDWEST EMPLOYERS CASUALTY COMPANY, Defendants-Appellants, and BCN TRANSPORTATION SERVICES, INC.; KOLEASECO, INC., and CITIZENS INSURANCE COMPANY OF AMERICA; KOLEASECO, INC., and ACCIDENT FUND OF AMERICA; BCN TRANSPORTATION SERVICES and TIG INSURANCE COMPANY; MAGNA CORPORATION and TIG INSURANCE COMPANY; and SERTA RESTOKRAFT MATTRESS COMPANY, INC., and HARLEYSVILLE LAKE STATES INSURANCE COMPANY; Defendants. Before: Whitbeck, C.J., and White and Zahra, JJ. WHITE, J. (concurring). I write separately only to state that while one would expect that it would rarely be appropriate to do so, I do not read ยง 315(1) as precluding the proration of a portion of the attorneys fees to the provider.1 /s/ Helene N. White 1 For example, if the provider fails to provide requested information necessary to establish that the treatment is work related. -1-

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