Tag: workers disability compensation act

“Intentional Tort Exception” to Exclusive Remedy Provision of Workers Compensation Act Did Not Apply to Employee’s Claim of Injury by Allegedly Defective Machinery

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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

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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 [...]