McMIDDLETON v. INJURY FUND

Docket No. 193423.

570 N.W.2d 484 (1997)

225 Mich. App. 326

Jane A. McMIDDLETON, Plaintiff-Appellee, v. Great Lakes Steel, Defendant-Appellee, and SECOND INJURY FUND, Defendant-Appellant.

Court of Appeals of Michigan.

Decided September 5, 1997, at 9:05 a.m.

Released for Publication November 25, 1997.


Attorney(s) appearing for the Case

Kelman, Loria, Downing, Schneider & Simpson by John W. Simpson, Detroit, for Plaintiff-Appellee.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Morrison Zack, Assistant Attorney General, for Second Injury Fund.

Conklin, Benham, Ducey, Listman & Chuhran, P.C. by Martin L. Critchell, Detroit, for Great Lakes Steel.

Before MURPHY, P.J., and MICHAEL J. KELLY and GRIBBS, JJ.


PER CURIAM.

Defendant Second Injury Fund appeals by leave granted the order of the Worker's Compensation Appellate Commission affirming the finding of the magistrate that she lacked jurisdiction to determine the fund's right to reimbursement from proceeds obtained in a third-party tort action. We reverse.

The parties stipulated the relevant facts. In January 1980, plaintiff was injured in the course of her employment...

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