MICHIGAN INJURED WORKERS v. BLANCHARD

Civ. A. No. G86-706 CA5.

647 F.Supp. 571 (1986)

MICHIGAN INJURED WORKERS, a Michigan Non-Profit corporation; Clarence Brock, Thomas C. Campbell, Sr., Patricia Carter, Joseph Cassell, Mary Johnson, Leonard Kiersey, Larry Kupsky, Kurt Olsen and Grace V. Taylor, individually and on behalf of all others similarly situated, Plaintiffs, v. James J. BLANCHARD, individually and in his capacity as Governor of the State of Michigan; Elizabeth Howe, individually and in her capacity as Director of the Michigan Department of Labor; Edward M. Welch, individually and in his capacity as Director of the Bureau of Workers' Compensation, Defendants.

United States District Court, W.D. Michigan, S.D.

October 3, 1986.


Attorney(s) appearing for the Case

Glotta, Rawlings & Skutt by Ronald D. Glotta, Richard M. Skutt, Detroit, Mich., for Michigan Injured Workers, Clarence Brock and Leonard Kiersey.

Goodman, Eden, Millender & Bedrosian by Roderick V. MacNeal, Diane M. Kwitoski, Detroit, Mich., for Michigan Injured Workers and Grace V. Taylor.

James A. Tanielian, St. Clair Shores, Mich., for Thomas C. Campbell, Sr.

Frank J. Kelley, Atty. Gen. by R. Philip Brown, Asst. Atty. Gen., Lansing, Mich., for defendants.

Levin, Levin, Garvett & Dill by Erwin B. Ellmann, Southfield, Mich., for amicus Parties.

Jordan Rossen, Gen. Counsel by Ralph O. Jones, Assoc. Gen. Counsel, International Union, UAW, Detroit, Mich., for International Union, UAW.

Kelman, Loria, Downing, Schneider & Simpson by Roger G. Will, Detroit, Mich., for Patricia Carter.

David J. Cooper, Tecumseh, Mich., for Joseph Cassell.

Levine, Benjamin, Tushman, Bratt, Jerris & Stein by Lucinda Keils, Detroit, Mich., for Mary Johnson.

Radner, Eisenberg & Feldman by Judythe E. Johnson, Detroit, Mich., for Larry Kupsky.

Meklir, Schreier, Nolish & Friedman by Jack A. Nolish, Southfield, Mich., for Kurt Olsen.

Carl R. Edwards, Herman J. Anderson, Detroit, Mich., Sablich, Ryan, Clinton & Kolkowski by Joseph F. Sablich, Lansing, Mich., Bockoff & Zamler by Mark I. Mellen, Southfield, Mich., of counsel, for plaintiffs.


OPINION

HILLMAN, Chief Judge.

This matter is before this court on plaintiffs' Motion for a Preliminary Injunction and Defendants' Motion to Dismiss. In the underlying case plaintiffs have challenged the constitutionality of the Michigan Workers' Disability Compensation Act of 1969, as amended (hereinafter, the Act), M.C.L.A. § 418.101, et seq.; M.S.A. § 17.237(101) et seq., as applied to them...

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