July 2, 2013

Apportionment of liability under the WDCA – and an early look at Justice McCormack’s approach to statutory construction

Smitter v Thornapple Township (June 19, 2013) is, in most respects, a typical opinion from the Michigan Supreme Court. The Court was presented with a question of statutory construction that affected the allocation of liability between Thornapple Township—the employer of the plaintiff/part-time firefighter—and the Second Injury Fund under the Worker’s Disability Compensation Act. The Court…

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