Workers’ compensation –‘Going and coming’ rule — Exceptions
Where an auditor was injured in a motor vehicle accident while driving from his home in Clarkston to the defendant employer’s Jefferson Avenue North Assembly Plant (JANAP) in Detroit to conduct an...
View ArticleWorkers’ Compensation — Intentional tort exception
Where a plaintiff machine operator filed a complaint against the defendant employer after the plaintiff’s hand slid into a machine, resulting in the amputation of four fingers, the plaintiff has failed...
View ArticleGig economy blurs lines, high court urged to revisit cases
Double dipping by a party is frowned upon by the courts. But that's what the defendant tried to do in this workers’ compensation case by arguing that two separate entities were entitled to immunity...
View ArticleEmployee’s WDCA retaliation claim fails
An injured employee could not prove a causal relationship existed between her workers’ compensation claim and adverse employment actions taken by her employer, according to a Court of Appeals panel....
View ArticleFired employee’s WDCA claim falls short
An injured employee could not show that he was fired for claiming workers’ compensation benefits or that there were any wrongful employment actions taken by his former employer, according to a Court of...
View ArticleWorkers’ – Compensation Exclusivity – After-hours drowning death
Where a negligence complaint was filed over an employee’s drowning death at the defendant’s campground, the defendant’s motion for summary disposition should have been allowed based on the exclusive...
View ArticleWDCA provides exclusive remedy in drowning death
An employer should have been granted summary disposition in a suit over an employee’s drowning death based on the exclusive remedy provision of the Worker’s Disability Compensation Act, or WDCA, a...
View ArticleWorker injury suit returns to trial court
A trial court improperly evaluated whether a company was an employer when it should have considered whether a worker was an employee, the Michigan Court of Appeals has held in a published decision. The...
View ArticleEmployee’s termination was not retaliation for FMLA leave
A plaintiff’s claim of retaliatory termination due to her use of medical leave while sick with COVID and related complications has been rejected by a federal court. The post Employee’s termination was...
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