Attorney Robert C. Tice won summary disposition in Wayne County Circuit Court for an employer in a workers’ compensation retaliation case. The plaintiff was terminated following a contested workplace injury and sought to return to her former position with ongoing work restrictions. Her employer determined that the ongoing work restrictions substantially interfered with expected job duties. Defendant’s motion to dismiss argued that the plaintiff’s subsequent termination was not related to her claim for worker’s compensation benefits, that she was not qualified for the position at the time of her termination by reason of her ongoing work restrictions and that no evidence demonstrated pretext for the legitimate reason she was terminated.  Plaintiff’s counsel unsuccessfully argued that the prospect of a higher workers’ compensation premium and increased unemployment tax were sufficient evidence to define a prima facie case. Counsel sought more than $500,000 in damages.

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