A matter involving the intentional tort exception to the exclusive remedy provision of the Worker’s Disability Compensation Act is among the 10 cases on the agenda for January oral argument. The Michigan Supreme Court will convene at 1 p.m. on Jan. 11 and at 9: 30 a.m. on Jan. 12. on the sixth floor of the Hall of Justice at 925 W. Ottawa St. in Lansing.
Where a wrongful death complaint was filed over the fatal shooting of a decedent by a coworker, the plaintiff personal representative failed to state a claim for an intentional tort under the Worker’s Disability Compensation Act, but the plaintiff should be allowed to file a motion for leave to amend her complaint.
Where a plaintiff who was formerly employed by the defendant as a truck driver brought an action for discrimination under the Persons with Disabilities Civil Rights Act and retaliation under the Worker’s Disability Compensation Act after he was terminated from his employment following a knee injury, a judgment dismissing the discrimination count should be affirmed because the plaintiff could not prove a disability under the PWDCRA, but a remand is necessary because there are questions of fact regarding the plaintiff’s WDCA retaliation claim.
Where a plaintiff suffered a workplace injury caused by a crane leased by his employer from the defendant, it was not error for the defendant to be awarded summary disposition on the ground that the exclusive-remedy provision under the Worker’s Disability Compensation Act barred the plaintiff from bringing suit against the defendant for his work-related injuries.
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