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LoPICCOLO v. SECOND INJURY FUND OF STATE OF MICH.

No. 85-1270.

826 F.2d 1539 (1987)

Frank LoPICCOLO; Marion LoPiccolo, Plaintiffs-Appellees, v. SECOND INJURY FUND OF STATE OF MICHIGAN, Intervening Plaintiff-Appellant, v. CONSOLIDATED RAIL CORP., et al., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided September 1, 1987.

Rehearing Denied October 27, 1987.

Attorney(s) appearing for the Case

Joseph M. Binno, argued, Detroit, Mich., Ray W. Cardew, Jr., for intervening plaintiff-appellant.

Granner S. Ries, Detroit, Mich., for plaintiffs-appellees.

Before ENGEL and KENNEDY, Circuit Judges, and CONTIE, Senior Circuit Judge.

CORNELIA G. KENNEDY, Circuit Judge.

The Second Injury Fund ("the Fund") appeals the denial of its motion to intervene as of right under Fed.R.Civ.P. 24(a)(2) to assert a statutory lien against any recovery plaintiff LoPiccolo receives in this lawsuit against three third-party defendants for work-related injuries.

The District Court held that a 1984 amendment permitting the Fund to seek reimbursement of compensation benefits paid by the Fund where the employee...

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