In  a published decision released yesterday, Auto Owners Ins Co v. All Star Lawn, et al Auto Owners Ins Co v. All Star Lawn, et al, the Court of Appeals concludes that all three criteria in MCL 418.161(1)(n) of the Workers Disability Compensation Act (WDCA) must be met before a person can be considered an “independent [...]
Tag: workers compensation
Workers’ Compensation Claimants Must Establish “Stokes” Evidence Even for Closed Period of Disability
In an unpublished opinion released yesterday (Tatar v. Ryder.OPN), the Court of Appeals affirmed the Michigan Compensation Appellate Commission’s decision to overturn a closed period award of workers' compensation benefits. The Commission ruled Plaintiff's failure to meet his burden of proof under Stokes, that he was unable to find jobs that remained within his qualifications and [...]
RICO Not Applicable To Employee’s Workers’ Compensation Dispute and Claims Holds En Banc Panel of Sixth Circuit
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 [...]
Wage Loss Must Be Attributable to Work Injury for Award of Workers’ Compensation Benefits – Michigan Compensation Appellate Commission Reiterates Fundamental Precept to Receipt of Workers’ Compensation Benefits
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 [...]
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 [...]