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Brindamour v Fumich and Laster; (WCC-UNP, 6/6/1978; RB #96)

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Wayne County Circuit Court; Docket No. 77-7318-12-NI; Unpublished   
Judge Don Binkowski 
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:
Not Applicable

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:   
In a nonwritten Opinion, Judge Binkowski ruled that a workers' compensation carrier should not be permitted to intervene in an injured employee's third party tort action as the workers' compensation carrier is not properly entitled to receive any reimbursement out of the noneconomic recovery. In so holding, Judge Binkowski refused to follow the previous Court of Appeals decision in Wrobel v Wayne County Road Commission (item number 56). Since the date of this decision, the Court of Appeals has decided the case of Reliance v Messina (item number 93) which also rejected the holding in the Wrobel decision.


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