In a significant opinion that is bound to be pushed up to the Supreme Court by the plaintiffs, the Sixth Circuit today issued an en banc decision reversing its previous holding in this case and overruling Brown v. Cassens Transport, 675 F.3d 946 (2012) (Brown II), in which the Court had previously allowed claims against employers and [...]
Tag: workers’ compensation benefits
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 [...]
Sixth Circuit Affirms District Court’s Judgment for GM in Class Action Brought by Retirees to Bar Coordination of Pension and Workers’ Compensation Benefits
The Sixth Circuit Court of Appeals has affirmed Chief Judge Gerald Rosen's decision granting summary judgment to General Motors in a class action filed by former GM employees, who filed suit to stop GM from "coordinating", i.e., reducing workers' compensation benefits based on disability pension benefits to which they were entitled. The underlying facts stem [...]