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BAILEY v. OAKWOOD HOSP. AND MEDICAL CENTER

No. 125110. Calendar No. 3.

698 N.W.2d 374 (2005)

472 Mich. 685

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

Supreme Court of Michigan.

Decided June 29, 2005.

Attorney(s) appearing for the Case

Jeffrey S. Weisswasser, Southfield, MI (Daryl Royal, of counsel), Dearborn, MI, for the plaintiff.

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

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

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

Martin L. Critchell, Detroit, MI, for Munson Hospital, amicus curiae.

Richard R. Weiser, Lansing, MI, for the Accident Fund Insurance Company of America, amicus curiae.

Before the Entire Bench.

MARILYN J. KELLY, J.

This case involves the allocation of liability for benefits under the vocationally disabled persons chapter of the Worker's Disability Compensation Act. M.C.L. § 418.901 et seq. The act makes an employer initially liable to pay disability benefits to a certified vocationally disabled employee who is injured on the job. It imposes on the employer only fifty-two weeks of liability for compensation...

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