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LAND v. GEORGE SCHMIDT CO

Docket No. 61879.

122 Mich. App. 167 (1982)

333 N.W.2d 30

LAND v. THE GEORGE SCHMIDT COMPANY

Michigan Court of Appeals.

Decided December 20, 1982.

Attorney(s) appearing for the Case

Marston, Sachs, Nunn, Kates, Kadushin & O'Hare, P.C. (by Elizabeth J. Larin), for plaintiff.

Otis M. Smith, General Counsel, and Conklin, Benham, McLeod, Ducey & Ottaway, P.C. (by Martin L. Critchell), for intervening plaintiff.

Before: D.C. RILEY, P.J., and N.J. KAUFMAN and D.F. WALSH, JJ.

D.F. WALSH, J.

The question presented in this case is the effect of an injured employee's negligence, and the consequent reduction in the employee's recovery from a third-party tortfeasor, on the employer's or carrier's statutory lien in the amount of worker's compensation benefits paid to the employee to the date of the recovery. MCL 418.827(5); MSA 17.237(827)(5).

Plaintiff Patricia Land suffered work-related...

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