Michigan Workers' Compensation Defense Blog: Providing Law Updates | Foster Swift

Appeals Court Decides Economic-Reality Test Case Involving Labor Broker

Michael A. Cassar, Lindsey Mead (Summer Associate) — Thu, 18 Aug 2022 09:00:01 -0400

On February 17, 2022, the Michigan Court of Appeals issued its unpublished opinion in Etheridge v. JJ Curran Crane Co., No. 356775, 2022 WL 497352 (Mich. Ct. App. Feb. 17, 2022). This case involved a labor broker and the Exclusive Remedy provision of the Michigan Workers’ Disability Compensation Act (WDCA). The injured worker, Billy Etheridge, filed a civil lawsuit against the employer of a crane operator whose alleged negligence caused a crush injury to the worker’s hand. The Court of Appeals, agreeing with the lower court, held the injured worker’s civil case was barred by the exclusive-remedy provision, and his only recourse was to seek workers’ compensation benefits from his employer.

Workers’ Comp Benefits Owed to Widow After Husband Fatally Injured While Driving to Educational Program

Michael A. Cassar, Lindsey Mead (Summer Associate) — Tue, 26 Jul 2022 09:00:02 -0400

On April 1, 2022, the Michigan Supreme Court issued its opinion in Lewis v. LexaMar Corp., 971 N.W.2d 608 (Mich. 2022). This reversed a December 17, 2020 decision from the Court of Appeals, which we previously wrote about in this blog. In that case, the Court of Appeals declined to award workers’ compensation benefits to a widow whose husband was killed in a car accident while driving to a community college class paid for by his employer. The Supreme Court, by a 6-1 majority, reversed the Court of Appeals’ decision and ultimately affirmed the findings of the Michigan Compensation Appellate Commission awarding the widow benefits.

Appeals Court Decides Social/Recreational Activity Case

Alicia W. Birach, Michael A. Cassar, Brian G. Goodenough — Fri, 18 Feb 2022 09:00:03 -0500

On January 13, 2022, the Michigan Court of Appeals issued its unpublished per curium opinion in the Estate of Allyn Taylor v Outdoor Adventures of Davison, LLC. This case involved the intersection of three of the most significant provisions within the Michigan’s Workers’ Disability Compensation Act (WDCA): the exclusive remedy provision, the going to or coming from work provision, and the social or recreational activity provision.