Preview:

STATE OF MICHIGAN COURT OF APPEALS

RICKY S. BENNETT, Plaintiff-Appellant, v MACKINAC BRIDGE AUTHORITY, AMERICAN PAINTING COMPANY, INC., and AMERISURE INSURANCE COMPANY, Defendants-Appellees.

FOR PUBLICATION August 31, 2010 9:05 a.m. No. 287628 WCAC LC No. 07-000254

Advance Sheets Version

Before: K. F. KELLY, P.J., and JANSEN and ZAHRA, JJ. JANSEN, J. In this workers' compensation case, plaintiff appeals as on leave granted1 the decision of the Workers' Compensation Appellate Commission (WCAC) affirming the magistrate's dismissal of his claim against defendants, the Mackinac Bridge Authority (the Authority) and American Painting Company, Inc., on the ground of res judicata. We reverse the decision of the WCAC and remand this case to the magistrate for reinstatement of plaintiff's claim against defendants2 consistent with this opinion. I For more than 25 years, plaintiff worked as a painter on the Mackinac Bridge. Throughout that time, he worked for various employers. In May 2005, plaintiff was working for Allstate Painting Company, Inc. While at work on May 6 and 9, 2005, plaintiff injured his right knee. Allstate did not have workers' compensation insurance.

This appeal is before us on remand from our Supreme Court for consideration as on leave granted. Bennett v Mackinac Bridge Auth, 483 Mich 1031 (2009).
2

1

Amerisure Insurance Company is involved in this appeal only indirectly as American Painting's insurer. We therefore use the term "defendants" to refer to American Painting and the Authority only.

-1-

Although plaintiff was apparently aware that his employer lacked workers' compensation insurance at the time, he nonetheless filed a petition seeking benefits from Allstate. Allstate did not appear in the action. On May 26, 2006, the magistrate granted plaintiff an open award of benefits. Allstate did not appeal the magistrate's decision. However, plaintiff was unable to collect under the magistrate's award. Plaintiff thereafter filed the instant action seeking benefits from American Painting and the Authority pursuant to

Download RICKY S BENNETT V MACKINAC BRIDGE AUTHORITY.pdf

Michigan Law