Fundamental Distinction Between “Medically Distinguishable” Injuries Under Section 301(1) and “Significant Manner Contribution” Test Under MCL 418.301(2) Under Workers Disability Compensation Act Yet to Be Clarified by Courts

There is a confusion among the Workers’ Compensation Board of Magistrates and, in some cases, in the Michigan Compensation Appellate Commission (the Commission) between the proper prima facie injury analysis required of a plaintiff under MCL 418.301 when dealing with the range of types of “preexisting conditions”. Part of this confusion is semantics, i.e., many […]

Michigan Supreme Court Rules on Causal Connection Required to Receive No-Fault Benefits in Addressing Whether Plaintiff’s 2008 Spinal Cord Injury Suffered in a Motorcycle Accident Due to a Seizure “Arose Out Of” 2007 Motor Vehicle Accident in which Plaintiff Suffered a Brain Injury that Induced Seizures

In this recent opinion, the Michigan Supreme Court in a (5-1 opinion (Justice Cavanagh dissenting and Justice Viviano not participating)), rules that a plaintiff who was rendered a paraplegic after he suffered a seizure resulting in a crash while riding a motorcycle in 2008  was not entitled to no-fault benefits from the defendant insurance company, […]