Please note:   The following cases represent just a selection of recent decisions which may be of interest to the worker's compensation community.  These summaries are intended solely for information purposes and do not constitute the holdings in the cases.  Please refer to the actual decision for the precise language and holdings of each case.

Last updated 03-17-08.

1.)   Munster v City of Battle Creek, 2008 ACO #51 

The Commission reviews the application of retroactivity when the Courts establish new case law or overrule longstanding case law. 

2.)   Barton v NWS Michigan, 2007 ACO #75

The Commission affirmed the magistrate finding that Section 305 prevented the plaintiff from recovering for injuries sustained while on break, away from his work area and sitting in the known path of a truck in order to play a joke on a supervisor.  Concurring opinion would have denied benefits under Section 141(a) because plaintiff's conduct was willfully negligence.

3.)   Naski v AAA of Michigan, 2007 ACO #78

Affirm magistrate's finding that plaintiff's automobile accident arose out of and in the course of employment. Mr. Naski worked for the defendant as a "measurer," traveling to customers' homes, taking measurements for custom countertops and spending time in the shop each day dropping off paperwork and drawing countertop designs.  The plaintiff was involved in a motor vehicle accident early in the morning, traveling from his home to the home of his first customer of the day.  Distinguished from Thomas v Staff Builders Health Care, 168 Mich App 127 (1988) and Forgach v George Koch and Sons Co, 167 Mich App 50 (1988) because travel was a primary part of plaintiff's work duties and defendant paid for travel.

4.)  Schultz v Pontiac Osetopathic Hospital, 2007 ACO #82

Burden of proof MCL 418.315(1) necessary and reasonable medical treatment.

5.)  Jones v Detroit Medical Center, 2007 ACO #84

Defendant seeks offset from workers' compensation redemption by a previous employer.

6.)   Carter v Southwest Standard Service, 2007 ACO #104 and Smith v Parkland Inn, 2007 ACO #112

Michigan Property and Casualty Guaranty Association (MPCGA) steps into the shoes of a bankrupt "insurer" and is entitled to reimbursement from the Second Injury Fund.

7.)  Reiter v Absopure Water Co, 2007 ACO #127

Control and dissent give differing views of MCL 418.305 (intentional and willful misconduct)

8.)   Leon v A-3, Incorporated, 2007 ACO #147

Discusses independent contractor vs employee.  Section 161(1)(n)

9.)   Jaskiewicz v Bay City Public Schools, 2007 ACO #163

Discussion of standard of review for magistrate and WCAC, when voluntary pay agreement is ambiguous.

10.)   Janice Torrey v Delphi Corporation, 2006 ACO #183

An affidavit from an attroney that he/she did not receive briefing schedule is insufficient where Commission records show it was properly mailed to the correct address.  To address the relevant inquiry, defense counsel should have introduced affidavits from his staff indicating that no staff ever received the Appellate Commission's letter and that a diligent search of defense counsel's office did not produce the letter.  Without affidavits from defense counsel's staff, defense counsel presented insuffiecient evidence to prove that the letter did not reach his office.  Unless a party can show that it did not receive an Appellate Commission mailing, we presume that our mailings reach the parties.

11.)    Dwight Altman v Stroh Companies, Inc, 2006 ACO #159

A plaintiff may waive entitlement to an attorney fee from defendant, on medical expenses.  [Section 315(1)] if he/she has not specifically requested that attorney fee.