Workers’ Disability Compensation

Posted onDecember 1, 2011May 20, 2012AuthorAdministrator

There are five exceptions to the law establishing the Workers’ Disability Compensation Act (WDCA) as the only law to apply to an employer when an employee is injured at work. Three of the exceptions expand the law’s application. The WDCA and all other laws can apply to an employer that intentionally injures an employee, deliberately has an employee pose as a contractor to avoid the WDCA, or who fails to have insurance for workers’ compensation. The other two exceptions displace the WDCA with other law. Only the law other than the WDCA may apply to an employer when an employee is injured during recreational activity or outside of Michigan unless particular circumstances are demonstrated. Read More …

Workers’ Disability Compensation

Posted onDecember 10, 2010May 20, 2012AuthorAdministrator

The Survey period between August 1, 2008, and July 31, 2009, is framed by the opinion of the U.S. Court of Appeals for the Sixth Circuit in the case of Brown v. Cassens Transport Co. and the Michigan Supreme Court in the case of Petersen v. Magna Corp. It includes three decisions by the Michigan Supreme Court — Romain v. Frankenmuth Mutual Insurance. Co., Zahn v. Kroger Co., and Stone v. R.W. Lapine, Inc. — four by the Michigan Court of Appeals — Loos v. J.B. Installed Sales, Inc., Romero v. Burt Moeke Hardwoods, Inc., Kenney v. Alticor, Inc., and Reece v. Event Staffing, Inc. — and two en banc decisions of the Michigan Workers‘ Compensation Appellate Commission — Slais v. Michigan Department of State Police and Trammel v. Consumers Energy Co. Read More …

The Role of Discovery in Workers’ Compensation Proceedings in Michigan: An Analysis of Stokes V. Chrysler, LLC

Posted onJune 1, 2009June 3, 2012AuthorAdministrator

Workers’ Compensation remedies grew out of the hazards and problems associated with the rise of modern industry and the realization that injured workers forced to utilize common law remedies often could not recover for their injuries. In response, workers’ compensation laws provided injured workers with a streamlined no-fault procedure by which they could avoid the expense and delay inherent in civil litigation. In short, legislatures enacted workers’ compensation laws to “provide financial and medical benefits to victims of work connected injuries in an efficient, dignified, and certain form.” For these reasons, it should be axiomatic that courts and legislatures would be leery of allowing liberal discovery in a proceeding like workers’ compensation, which was designed to alleviate concerns of undue delay and expense. With the Michigan Supreme Court’s recent decision in Stokes v. Chrysler, LLC, however, parties will now be able to utilize more liberal discovery in workers’ compensation proceedings, to the detriment of workers. Workers with no interim means of support will now endure higher costs and longer delays before receiving compensation for their job-related injuries. Read More …