In Scott v. Chrysler.2013 ACO 71, the Michigan Compensation Appellate Commission provides a current and relevant analysis of the meaning and import of the principle in workers' compensation law that a claimant must prove his or her work-related injury, however valid, is the true cause of the reason for wage loss, i.e., the reason that he or [...]
Category: Workers’ Compensation Cases
New York’s Highest Court Holds Insurer Responsible Up to Policy Limits Where It Refused to Defend Attorney in Underlying Suit Alleging Professional Malpractice for the Lawyer’s Conduct Acting in His Capacity as a Principal of a Business and Insurer Could Not Invoke Policy Exclusions to Coverage
This is a rather unremarkable case from the point of view of the legal rules expressed by the opinion, but I wanted to highlight a few significant points for clients to consider when addressing the parameters of an insurer’s duty and the risk involved in not taking affirmative action if a dispute arises or, better [...]
Split Court of Appeals Disagrees Over “Good Cause” Requirement to Compel Independent Medical Examinations and Articulates Scope of Trial Court’s “Discretion” to Deny IME Requests
In this published 2-1 opinion (Murray, Boonstra, JJ, majority; M.J. Kelly, dissenting), the Court of Appeals reversed a trial court's denial of the defendant's request to compel plaintiff to submit to several new "independent medical examinations" (a/k/a "IME's") Â in her no-fault automobile suit against them. Â The opinion contains much commentary on the accepted practice of [...]
Michigan Supreme Court Holds Employee Injured In Parking Lot Not Owned or Leased by Employer Did Not Suffer Injury “arising out of” or “in the course of” Employment Sufficient to Prove Right to Workers Compensation Benefits
On June 21, 2013, the Michigan Supreme Court issued a peremptory (in lieu of) order under MCR 7.315(H)(1) reversing the decisions of the lower tribunals (the Michigan Court of Appeals) and remanded this case to the Michigan Compensation Appellate Commission for entry of judgment in favor of the employer and its insurer and against the [...]
Michigan Supreme Court Rules Second Injury Fund Required Only to Reimburse Dual-Employer “Coordinated” Amount of Workers’ Compensation Benefits Payable to Injured Employee
In a 4-2 decision (Viviano, J., not participating), the Supreme Court overruled the decision of the Court of Appeals in Rahman v. Detroit Bd. of Education, 245 Mich. App. 103 (2001), and held that the state Second Injury Fund is not required to reimburse employers for the total amount of workers' compensation benefits payable to injured [...]