wdca bar (Michigan) · Go Syfert
← Michigan issues

wdca bar in Michigan

15 Michigan opinions name it 2 courts 1977–2026 5 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Reed v. Yackellgreen
mich · 2005 · cited in 2 Michigan opinions naming this issue, 2023–2023
2 sentences

2023See id.

2023See id.

22
Szydlowski v. General Motors Corp.yellow
mich · 1976 · cited in 1 Michigan opinions naming this issue, 2005–2005
2 sentences

2005In announcing a shared jurisdiction paradigm when determining whether the WDCA applies to a claim, Sewell overruled Szydlowski, supra. In Szydlowski , we held that “a plaintiffs remedy against an employer based on an injury allegedly arising out of an employment relationship properly belongs within the workmen’s compensation department for initial determination as to jurisdiction and liability.’’ [Szydlowski, supra at 359, quoting Herman, supra at 691 (emphasis supplied).] This Court explained in Szydlowski that “the procedures for workmen’s compensation cases have been statutorily established

2005In announcing a shared jurisdiction paradigm when determining whether the WDCA applies to a claim, Sewell overruled Szydlowski, supra. In Szydlowski , we held that “a plaintiffs remedy against an employer based on an injury allegedly arising out of an employment relationship properly belongs within the workmen’s compensation department for initial determination as to jurisdiction and liability.’’ [Szydlowski, supra at 359, quoting Herman, supra at 691 (emphasis supplied).] This Court explained in Szydlowski that “the procedures for workmen’s compensation cases have been statutorily established

11
Herman v. Theisgreen
michctapp · 1968 · cited in 1 Michigan opinions naming this issue, 2005–2005
2 sentences

2005In Szydlowski , we held that "a plaintiff's remedy against an employer based on an injury allegedly arising out of an employment relationship properly belongs within the workmen's compensation department for initial determination as to jurisdiction and liability. " [ Szydlowski, supra at 359 , 245 N.W.2d 26 , quoting Herman, supra at 691 , 160 N.W.2d 365 (emphasis supplied).] This Court explained in Szydlowski that "the procedures for workmen's compensation cases have been statutorily established. [ Herman ] properly cautions us against a shortcut or circumvention of those procedures." Szydlow

2005In announcing a shared jurisdiction paradigm when determining whether the WDCA applies to a claim, Sewell overruled Szydlowski, supra. In Szydlowski , we held that “a plaintiffs remedy against an employer based on an injury allegedly arising out of an employment relationship properly belongs within the workmen’s compensation department for initial determination as to jurisdiction and liability.’’ [Szydlowski, supra at 359, quoting Herman, supra at 691 (emphasis supplied).] This Court explained in Szydlowski that “the procedures for workmen’s compensation cases have been statutorily established

11
Herbolsheimer v. SMS Holding Co., Inc.green
michctapp · 2000 · cited in 1 Michigan opinions naming this issue, 2000–2000
2 sentences

2000Accordingly, we find no reason to apply the exclusive remedy provisions of the WDCA to bar the employee's cause of action." Id. at 184 , 289 N.W.2d 708 ; see also Herbolsheimer, supra at 243-246 , 608 N.W.2d 487 (discussing the judicially created "dual-persona doctrine" exception to the WDCA, which provides the basis for a plaintiff employee to bring a tort suit in addition to a claim for worker's compensation benefits when "the employer has a second identity which is completely distinct and removed from his status as employer." Id. at 245 , 608 N.W.2d 487 , citing Howard v. White, 447 Mich. 3

2000Accordingly, we find no reason to apply the exclusive remedy provisions of the WDCA to bar the employee's cause of action." Id. at 184 , 289 N.W.2d 708 ; see also Herbolsheimer, supra at 243-246 , 608 N.W.2d 487 (discussing the judicially created "dual-persona doctrine" exception to the WDCA, which provides the basis for a plaintiff employee to bring a tort suit in addition to a claim for worker's compensation benefits when "the employer has a second identity which is completely distinct and removed from his status as employer." Id. at 245 , 608 N.W.2d 487 , citing Howard v. White, 447 Mich. 3

11
Peoples v. Chrysler Corp.green
michctapp · 1980 · cited in 1 Michigan opinions naming this issue, 1981–1981
2 sentences

1981See Peoples v Chrysler Corp, 98 Mich App 277 ; 296 NW2d 237 (1980), Robards v Estate of Leopold J Kantzler, 98 Mich App 414 ; 296 NW2d 265 (1980).

1981See Peoples v Chrysler Corp, 98 Mich App 277 ; 296 NW2d 237 (1980), Robards v Estate of Leopold J Kantzler, 98 Mich App 414 ; 296 NW2d 265 (1980).

11
Higgins v. Monroe Evening Newsgreen
michctapp · 1976 · cited in 1 Michigan opinions naming this issue, 1977–1977
2 sentences

1977See Higgins, supra. Under these circumstances, I would hold that the logical test to use in deciding whether or not defendant can use the WDCA as a shield against the plaintiff must be the WDCA test, not the control test.

1977See Higgins, supra. Under these circumstances, I would hold that the logical test to use in deciding whether or not defendant can use the WDCA as a shield against the plaintiff must be the WDCA test, not the control test.

11
Chester v. World Football Leaguegreen
michctapp · 1977 · cited in 1 Michigan opinions naming this issue, 1977–1977
2 sentences

1977Chester v World Football League, supra, at 462.

1977Chester v World Football League, supra, at 462.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (19)

CaseCitedYears
Scott Wittenberg v. Bulldog Onsite Solutions LLC green
michctapp · 2023
2 sentences

2024“An employee who falls within the WDCA’s framework is subject to the exclusive-remedy provision of the act.” Id.

2024Consistent with this, “[a]n employee who falls within the WDCA’s framework is subject to the exclusive-remedy provision of the act, MCL 418.131(1).” Id.

22024–2024
Mathis v. Interstate Motor Freight System green
mich · 1980
2 sentences

2000Accordingly, we find no reason to apply the exclusive remedy provisions of the wdca to bar the employee’s cause of action.” Id. at 184 ; see also Herbolsheimer, supra at 243-246 (discussing the judicially created “dual-persona doctrine” exception to the wdca, which provides the basis for a plaintiff employee to bring a tort suit in addition to a claim for worker’s compensation benefits when “the employer has a second identity which is completely distinct and removed from his status as employer.” Id. at 245 , citing Howard v White, 447 Mich 395, 399-400 ; 523 NW2d 220 [1994], and Wells v Firest

2000Accordingly, we find no reason to apply the exclusive remedy provisions of the WDCA to bar the employee's cause of action." Id. at 184 , 289 N.W.2d 708 ; see also Herbolsheimer, supra at 243-246 , 608 N.W.2d 487 (discussing the judicially created "dual-persona doctrine" exception to the WDCA, which provides the basis for a plaintiff employee to bring a tort suit in addition to a claim for worker's compensation benefits when "the employer has a second identity which is completely distinct and removed from his status as employer." Id. at 245 , 608 N.W.2d 487 , citing Howard v. White, 447 Mich. 3

21981–2000
Barnard Manufacturing Co. v. Gates Performance Engineering, Inc. green
michctapp · 2009
2 sentences

2026This argument fails because defendant “did not have to lay the foundation for the admission of the [test results] in order for the court to consider them on a motion for summary disposition as long as there was a plausible basis for the admission of the [results].” Barnard Mfg Co, Inc v Gates Performance Engineering, Inc, 285 Mich App 362, 373 ; 775 NW2d 618 (2009).

2026This argument fails because defendant “did not have to lay the foundation for the admission of the [test results] in order for the court to consider them on a motion for summary disposition as long as there was a plausible basis for the admission of the [results].” Barnard Mfg Co, Inc v Gates Performance Engineering, Inc, 285 Mich App 362, 373 ; 775 NW2d 618 (2009).

12026–2026
Andrejwski v. Wolverine Coal Co. green
mich · 1914
2 sentences

2005The WDCA scheme is a complete departure from the common law and equity jurisprudence, as this Court recognized in Andrejwski v Wolverine Coal Co, 182 Mich 298, 302-303 ; 148 NW 684 (1914): The act in question, like all similar acts, provides for compensation, and not for damages, and in its consideration and construction all of the rules of law and procedure, which apply to recover damages for negligently causing injury or death, are in these cases no longer applicable, and there is substituted a new code of procedure fixed and determined by the act in question. [Emphasis supplied.] The shared

2005The WDCA scheme is a complete departure from the common law and equity jurisprudence, as this Court recognized in Andrejwski v Wolverine Coal Co, 182 Mich 298, 302-303 ; 148 NW 684 (1914): The act in question, like all similar acts, provides for compensation, and not for damages, and in its consideration and construction all of the rules of law and procedure, which apply to recover damages for negligently causing injury or death, are in these cases no longer applicable, and there is substituted a new code of procedure fixed and determined by the act in question. [Emphasis supplied.] The shared

12005–2005
Wells v. Firestone Tire & Rubber Co. green
mich · 1985
2 sentences

2000Accordingly, we find no reason to apply the exclusive remedy provisions of the WDCA to bar the employee's cause of action." Id. at 184 , 289 N.W.2d 708 ; see also Herbolsheimer, supra at 243-246 , 608 N.W.2d 487 (discussing the judicially created "dual-persona doctrine" exception to the WDCA, which provides the basis for a plaintiff employee to bring a tort suit in addition to a claim for worker's compensation benefits when "the employer has a second identity which is completely distinct and removed from his status as employer." Id. at 245 , 608 N.W.2d 487 , citing Howard v. White, 447 Mich. 3

2000Accordingly, we find no reason to apply the exclusive remedy provisions of the WDCA to bar the employee's cause of action." Id. at 184 , 289 N.W.2d 708 ; see also Herbolsheimer, supra at 243-246 , 608 N.W.2d 487 (discussing the judicially created "dual-persona doctrine" exception to the WDCA, which provides the basis for a plaintiff employee to bring a tort suit in addition to a claim for worker's compensation benefits when "the employer has a second identity which is completely distinct and removed from his status as employer." Id. at 245 , 608 N.W.2d 487 , citing Howard v. White, 447 Mich. 3

12000–2000
Howard v. White green
mich · 1994
2 sentences

2000Accordingly, we find no reason to apply the exclusive remedy provisions of the WDCA to bar the employee's cause of action." Id. at 184 , 289 N.W.2d 708 ; see also Herbolsheimer, supra at 243-246 , 608 N.W.2d 487 (discussing the judicially created "dual-persona doctrine" exception to the WDCA, which provides the basis for a plaintiff employee to bring a tort suit in addition to a claim for worker's compensation benefits when "the employer has a second identity which is completely distinct and removed from his status as employer." Id. at 245 , 608 N.W.2d 487 , citing Howard v. White, 447 Mich. 3

2000Accordingly, we find no reason to apply the exclusive remedy provisions of the WDCA to bar the employee's cause of action." Id. at 184 , 289 N.W.2d 708 ; see also Herbolsheimer, supra at 243-246 , 608 N.W.2d 487 (discussing the judicially created "dual-persona doctrine" exception to the WDCA, which provides the basis for a plaintiff employee to bring a tort suit in addition to a claim for worker's compensation benefits when "the employer has a second identity which is completely distinct and removed from his status as employer." Id. at 245 , 608 N.W.2d 487 , citing Howard v. White, 447 Mich. 3

12000–2000
Simkins v. General Motors Corp. green
mich · 1996
2 sentences

2000MCL 418.301(3); MSA 17.237(301)(3) provides, in part: "An employee going to or from his or her work, while on the premises where the employee's work is to be performed, and within a reasonable time before and after his or her working hours, is presumed to be in the course of his or her employment." See Simkins v. General Motors Corp. (After Remand), 453 Mich. 703, 712 , 556 N.W.2d 839 (1996).

2000MCL 418.301(3); MSA 17.237(301)(3) provides, in part: "An employee going to or from his or her work, while on the premises where the employee's work is to be performed, and within a reasonable time before and after his or her working hours, is presumed to be in the course of his or her employment." See Simkins v. General Motors Corp. (After Remand), 453 Mich. 703, 712 , 556 N.W.2d 839 (1996).

12000–2000
Jones v. General Motors Corp. green
michctapp · 1984
2 sentences

1995While the wdca bars a claim of contribution against an employer or coemployee for payment of injuries sustained by the employee in the course of employment, Downie v Kent Products, Inc, 420 Mich 197, 219 ; 362 NW2d 605 (1984); Jones v General Motors Corp, 136 Mich App 251, 257 ; 355 NW2d 646 (1984), Hertz’ contribution *248 claim under MCL 600.2925a; MSA 27A.2925(1) was not the basis of the trial court’s judgment.

1995While the wdca bars a claim of contribution against an employer or coemployee for payment of injuries sustained by the employee in the course of employment, Downie v Kent Products, Inc, 420 Mich 197, 219 ; 362 NW2d 605 (1984); Jones v General Motors Corp, 136 Mich App 251, 257 ; 355 NW2d 646 (1984), Hertz’ contribution *248 claim under MCL 600.2925a; MSA 27A.2925(1) was not the basis of the trial court’s judgment.

11995–1995
Downie v. Kent Products, Inc green
mich · 1985
2 sentences

1995While the wdca bars a claim of contribution against an employer or coemployee for payment of injuries sustained by the employee in the course of employment, Downie v Kent Products, Inc, 420 Mich 197, 219 ; 362 NW2d 605 (1984); Jones v General Motors Corp, 136 Mich App 251, 257 ; 355 NW2d 646 (1984), Hertz’ contribution *248 claim under MCL 600.2925a; MSA 27A.2925(1) was not the basis of the trial court’s judgment.

1995While the wdca bars a claim of contribution against an employer or coemployee for payment of injuries sustained by the employee in the course of employment, Downie v Kent Products, Inc, 420 Mich 197, 219 ; 362 NW2d 605 (1984); Jones v General Motors Corp, 136 Mich App 251, 257 ; 355 NW2d 646 (1984), Hertz’ contribution *248 claim under MCL 600.2925a; MSA 27A.2925(1) was not the basis of the trial court’s judgment.

11995–1995
Kenyon v. Second Precinct Lounge green
michctapp · 1989
2 sentences

1995Kenyon v Second Precinct Lounge, 177 Mich App 492, 504 ; 442 NW2d 696 (1989).

1995Kenyon v Second Precinct Lounge, 177 Mich App 492, 504 ; 442 NW2d 696 (1989).

11995–1995
Agee v. Ford Motor Co. green
michctapp · 1995
2 sentences

1995Agee v Ford Motor Co, 208 Mich App 363 ; 528 NW2d 768 (1995); Schefsky v Evening News Ass’n, 169 Mich App 223, 226 ; 425 NW2d 768 (1988).

1995Agee v Ford Motor Co, 208 Mich App 363 ; 528 NW2d 768 (1995); Schefsky v Evening News Ass’n, 169 Mich App 223, 226 ; 425 NW2d 768 (1988).

11995–1995
Schefsky v. Evening News Ass'n green
michctapp · 1988
2 sentences

1995Agee v Ford Motor Co, 208 Mich App 363 ; 528 NW2d 768 (1995); Schefsky v Evening News Ass’n, 169 Mich App 223, 226 ; 425 NW2d 768 (1988).

1995Agee v Ford Motor Co, 208 Mich App 363 ; 528 NW2d 768 (1995); Schefsky v Evening News Ass’n, 169 Mich App 223, 226 ; 425 NW2d 768 (1988).

11995–1995
Glass v. Drieborg neutral
mich · 1941
2 sentences

1993Thus, it should not have been reached by the Court of Appeals, nor is it appropriately decided on appeal in this Court. 48 See, e.g., Glass v Drieborg, 296 Mich 30, 33 ; 295 NW 547 (1941).

1993Thus, it should not have been reached by the Court of Appeals, nor is it appropriately decided on appeal in this Court. 48 See, e.g., Glass v Drieborg, 296 Mich 30, 33 ; 295 NW 547 (1941).

11993–1993
Beauchamp v. Dow Chemical Co. yellow
mich · 1986
2 sentences

1988Beauchamp v Dow Chemical Co, 427 Mich 1 ; 398 NW2d 882 (1986).

1988Beauchamp v Dow Chemical Co, 427 Mich 1 ; 398 NW2d 882 (1986).

11988–1988
Beauchamp v. Dow Chemical Co. green
michctapp · 1984
2 sentences

1986Beauchamp v Dow Chemical Co, 140 Mich App 699, 702-703 ; 364 NW2d 286 (1984), lv gtd 422 Mich 939 (1985), and cases cited therein.

1986Beauchamp v Dow Chemical Co, 140 Mich App 699, 702-703 ; 364 NW2d 286 (1984), lv gtd 422 Mich 939 (1985), and cases cited therein.

11986–1986
Kissinger v. Mannor green
michctapp · 1979
2 sentences

1984Seals v Henry Ford Hospital, 123 Mich App 329 ; 333 NW2d 272 (1983); Kissinger v Mannor, 92 Mich App 572 ; 285 NW2d 214 (1979); Broaddus v Ferndale Fastener Div, Ring Screw Works, 84 Mich App 593 ; 269 NW2d 689 (1978), lv den 403 Mich 850 (1978).

1984Seals v Henry Ford Hospital, 123 Mich App 329 ; 333 NW2d 272 (1983); Kissinger v Mannor, 92 Mich App 572 ; 285 NW2d 214 (1979); Broaddus v Ferndale Fastener Div, Ring Screw Works, 84 Mich App 593 ; 269 NW2d 689 (1978), lv den 403 Mich 850 (1978).

11984–1984
Seals v. Henry Ford Hospital green
michctapp · 1983
2 sentences

1984Seals v Henry Ford Hospital, 123 Mich App 329 ; 333 NW2d 272 (1983); Kissinger v Mannor, 92 Mich App 572 ; 285 NW2d 214 (1979); Broaddus v Ferndale Fastener Div, Ring Screw Works, 84 Mich App 593 ; 269 NW2d 689 (1978), lv den 403 Mich 850 (1978).

1984Seals v Henry Ford Hospital, 123 Mich App 329 ; 333 NW2d 272 (1983); Kissinger v Mannor, 92 Mich App 572 ; 285 NW2d 214 (1979); Broaddus v Ferndale Fastener Div, Ring Screw Works, 84 Mich App 593 ; 269 NW2d 689 (1978), lv den 403 Mich 850 (1978).

11984–1984
Broaddus v. Ferndale Fastener Division, Ring Screw Works green
michctapp · 1978
2 sentences

1984Seals v Henry Ford Hospital, 123 Mich App 329 ; 333 NW2d 272 (1983); Kissinger v Mannor, 92 Mich App 572 ; 285 NW2d 214 (1979); Broaddus v Ferndale Fastener Div, Ring Screw Works, 84 Mich App 593 ; 269 NW2d 689 (1978), lv den 403 Mich 850 (1978).

1984Seals v Henry Ford Hospital, 123 Mich App 329 ; 333 NW2d 272 (1983); Kissinger v Mannor, 92 Mich App 572 ; 285 NW2d 214 (1979); Broaddus v Ferndale Fastener Div, Ring Screw Works, 84 Mich App 593 ; 269 NW2d 689 (1978), lv den 403 Mich 850 (1978).

11984–1984
Robards v. Estate of Kantzler green
michctapp · 1980
2 sentences

1981See Peoples v Chrysler Corp, 98 Mich App 277 ; 296 NW2d 237 (1980), Robards v Estate of Leopold J Kantzler, 98 Mich App 414 ; 296 NW2d 265 (1980).

1981See Peoples v Chrysler Corp, 98 Mich App 277 ; 296 NW2d 237 (1980), Robards v Estate of Leopold J Kantzler, 98 Mich App 414 ; 296 NW2d 265 (1980).

11981–1981

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 418.131 (13) MI § Mich. Comp. Laws § 418.101 (5) MI § Mich. Comp. Laws § 418.161 (5) MI § Mich. Comp. Laws § 418.841 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check