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BAILEY v. OAKWOOD HOSP. AND MEDICAL CENTER

Docket No. 243132.

674 N.W.2d 160 (2003)

259 Mich. App. 298

Mary BAILEY, Plaintiff-Appellant/Cross-Appellee, v. OAKWOOD HOSPITAL AND MEDICAL CENTER, Defendant-Appellee/Cross-Appellant, and Second Injury Fund, Defendant-Appellee/Cross-Appellee, and Director of the Bureau of Workers' and Unemployment Compensation, Intervening Appellant.

Court of Appeals of Michigan.

Decided November 6, 2003, at 9:00 a.m.

Released for Publication January 22, 2004.

Attorney(s) appearing for the Case

Jeffrey S. Weisswasser (Daryl Royal, of counsel), for Mary Bailey. Southfield, Dearborn.

Humphrey, Hannon, Moriarty & Schoener, P.C. (by Robert J. Humphrey and John L. Ruedisueli), for Oakwood Hospital and Medical Center. Auburn Hills.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Morrison Zack, Assistant Attorney General, for the Second Injury Fund.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Victoria A. Keating, Assistant Attorney General, for the Director of the Bureau of Worker's Compensation and Unemployment Compensation.

Before: WHITBECK, C.J., and JANSEN and MARKEY, JJ.

PER CURIAM.

Plaintiff appeals by leave granted from an order of the Worker's Compensation Appellate Commission (WCAC) terminating an open award of benefits in favor of plaintiff because the defendant's workers' compensation insurance carrier failed to notify the Second Injury Fund of the Fund's potential liability; consequently, neither the carrier nor the Fund was liable. Defendant Oakwood Hospital and Medical Center (hereinafter defendant) cross-appeals, challenging...

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