Showing 13 posts in Case Law Updates.
Appeals Court: J-1 Visa Employee at MSU Ineligible for Workers' Compensation
In May 2019, the Michigan Court of Appeals decided Kuhlbert v Michigan State University. This case examines several interesting workers' compensation issues which we will analyze in a three-part series. Today, we discuss the case’s complicated facts and procedural history, and whether the plaintiff should be considered an “employee” pursuant to Michigan’s Workers' Disability Compensation Act (the “Act”). For more on the facts surrounding this case, see full article here.
Categories: Case Law Updates, Workers' Compensation
Share
Employee or Independent Contractor? The Appellate Commission Applies its Own Facts to Overturn Magistrate’s Decision
In July 2019, the Michigan Compensation Appellate Commission (“the Commission”) issued an Opinion in the case of Christopher Parshall v Worden & Company, Inc. In Parshall, the Commission reversed the magistrate’s factual determination that Mr. Parshall was an independent contractor and not an employee as defined by the Workers’ Disability Compensation Act (“Act”). To read more on this case and its classification of employee vs. independent contractor, see full article here.
Categories: Case Law Updates, Workers' Compensation
Employee Fraud Not a Condition for an Employer's/Insurer's Recoupment of Overpayment
The Michigan Court of Appeals recently issued a decision which addresses the rights of employers/insurance companies to obtain reimbursement for overpayments made to an injured worker. Iesha Fisher v Kalamazoo Regional Psychiatric Hospital and State of Michigan. The undisputed facts of the case are as follows. Plaintiff Fisher sustained a workplace injury and was voluntarily paid benefits. The employer initiated a recoupment action, alleging that it voluntarily paid Ms. Fisher three months of benefits at an improperly high rate. For more on this case and it's decision, see full article here.
Categories: Case Law Updates, Workers' Compensation