In Jones v. Home Owners Ins. Co.COA, a 2-1 unpublished opinion, the Michigan Court of Appeals held that a claimant suffering disabling injury in an auto accident was entitled to no-fault wage-loss benefits under Michigan's No-Fault Act, characterizing her as "temporarily unemployed" under MCL 500.3107a. MCL 500.3107 of the No-Fault Act provides for first-party insurer "work-loss [...]
Tag: indemnity
Insurance Carrier Covering Worker’s Initial Injury Wage-Loss Benefits May Apportion Liability for Wage-Loss Benefits With Insurance Carrier Covering Worker’s Second Disabling Injury Suffered While the Employee was Performing “Reasonable Employment” Work
In a published opinion after a remand order from the Michigan Supreme Court, the Court of Appeals has ruled that under the Workers' Disability Compensation Act (WDCA), an insurance carrier responsible for paying worker's compensation (wage-loss benefits) for an employee's initial disabling injury, may apportion its liability for wage-loss benefits with the insurance carrier covering [...]
“Intentional Tort Exception” to Exclusive Remedy Provision of Workers Compensation Act Did Not Apply to Employee’s Claim of Injury by Allegedly Defective Machinery
Yesterday, the Michigan Supreme Court issued an order summarily reversing the published decision of the Court of Appeals in Thomai.v.MIBA Hydramechanica Corp., et al, 303 Mich. App. 196 (2013), a case in which the Court of Appeals allowed a circuit court suit to proceed against a manufacturer on the basis that the employee had sufficient basis to [...]
Workers’ Compensation Cases Must Be Heard and Adjudicated in “Locality” Where Injury Occurred
In Younkin v Zimmer et al, a 2-1 published opinion by the Court of Appeals, the Court affirmed a trial court's decision to issue a writ of mandamus requiring workers' compensation claims to be heard in the locality where the injury occurred in accordance with MCL 418.851.  The majority holds that the Michigan Legislature "limited the [...]
Michigan Supreme Court Concludes Judgment Entered on Motion is a “Verdict” Sufficient to Invoke Case Evaluation Awards and Costs Provision of Michigan Court Rules
Yesterday, in Acorn Investment Co v. Michigan Basic Property Insurance, the Michigan Supreme Court issued an opinion clarifying a point that has been in contention for quite some time regarding the meaning of the term "verdict" under Michigan Court Rule (MCR) 2.403(O), for purposes of determining when a trial court may issue an award of case [...]