Workers’ Compensation – Statutory Employers – Joinder And Res Judicata
Plaintiff’s workers’ compensation claim against his direct employer did not preclude a later suit against his statutory employers under the statutory employment provision of the Workers’ Disability...
View ArticleA second bite at Mighty Mac
The Michigan Court of Appeals has ruled that an injured worker who was unable to collect workers’ compensation benefits from a subcontractor employer can proceed with a claim against the general...
View ArticleWorkers’ Compensation – Circuit-Court Jurisdiction – Employee
>In this personal-injury action, the circuit court had jurisdiction to determine that plaintiff was defendant’s employee and that the Worker’s Disability Compensation Act (WDCA), MCL 418.101 et...
View ArticleWorkers’ Compensation – Injury Date – Causation
Where plaintiff alleged that his work-related disability was caused by a 30-year exposure to workplace chemicals, his selection of his last day of work as the date of injury was not fatal to his claim....
View ArticleBusiness Law – Corporate Veil – No Reverse Piercing
A corporation is entitled to contractual indemnity in this purchase-agreement dispute but its sole shareholder is not entitled to indemnity for defense costs incurred when he was sued individually....
View ArticleNo-Fault – Employee – Definition
In this no-fault case, the circuit court had jurisdiction to determine whether plaintiff was an employee or an independent contractor for purposes of resolving a priority dispute between two insurers....
View ArticleRemand – Workers’ Compensation – Partial Disability
On order of the Court, the application for leave to appeal the April 7, 2011 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND...
View ArticleWorkers’ Compensation – Michigan’s WDCA can’t preclude federal RICO claim
The exclusive remedy provision in Michigan’s Workers’ Disability Compensation Act (WDCA) does not prevent plaintiffs from suing under the federal Racketeer Influenced and Corrupt Organizations Act...
View ArticleWorkers’ Compensation – Plaintiff had right to seek medical attention for...
The trial court incorrectly dismissed plaintiff’s suit for retaliatory discharge under the Workers’ Disability Compensation Act (WDCA) on the basis that plaintiff had not filed a benefits petition when...
View ArticleComp claim is not required for retaliatory firing action
A retaliatory firing lawsuit was revived by the Michigan Court of Appeals because the employee’s right to seek medical treatment for a work-related injury is protected by the Workers’ Disability...
View ArticleWorker claims his firing was retaliatory
Plaintiff Scott Pitylak sought compensatory damages from defendants Laser Art Inc. and Donald Bailey on claims of retaliation under Workers’ Disability Compensation Act. In 2003, Pitylak, who worked...
View ArticleWorker’s Disability Compensation Act- Employer’s act or omission must go...
The Worker’s Disability Compensation Act provides the exclusive remedy when an employee sustains a workplace injury. The only exception to the exclusive remedy rule is in the case of an intentional...
View ArticleWorkers’ compensation –‘Going and coming’ rule — Exceptions
Where an auditor was injured in a motor vehicle accident while driving from his home in Clarkston to the defendant employer’s Jefferson Avenue North Assembly Plant (JANAP) in Detroit to conduct an...
View ArticleEmployee’s WDCA retaliation claim fails
An injured employee could not prove a causal relationship existed between her workers’ compensation claim and adverse employment actions taken by her employer, according to a Court of Appeals panel.
View ArticleFired employee’s WDCA claim falls short
An injured employee could not show that he was fired for claiming workers’ compensation benefits or that there were any wrongful employment actions taken by his former employer, according to a Court of...
View ArticleWorker’s Disability Compensation Act- Employer’s act or omission must go...
The Worker’s Disability Compensation Act provides the exclusive remedy when an employee sustains a workplace injury. The only exception to the exclusive remedy rule is in the case of an intentional...
View ArticleWorkers’ compensation –‘Going and coming’ rule — Exceptions
Where an auditor was injured in a motor vehicle accident while driving from his home in Clarkston to the defendant employer’s Jefferson Avenue North Assembly Plant (JANAP) in Detroit to conduct an...
View ArticleEmployee’s WDCA retaliation claim fails
An injured employee could not prove a causal relationship existed between her workers’ compensation claim and adverse employment actions taken by her employer, according to a Court of Appeals panel....
View ArticleFired employee’s WDCA claim falls short
An injured employee could not show that he was fired for claiming workers’ compensation benefits or that there were any wrongful employment actions taken by his former employer, according to a Court of...
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