Magistrate may assess an attorney fee against the employer
In cases where the employer fails or refuses to pay medical expenses, the magistrate may assess an attorney fee against the employer and/or the insurance carrier. The term "prorate" in MCL 418.315(1) ("The worker's compensation magistrate may prorate attorney fees at the contingent rate paid by the employee.") applies exclusively to employers and their insurance carriers. The justices strongly disagreed on the issue of whether the statute was ambiguous and what standard should be used to determine statutory ambiguity.