Dean v. Chrysler Corp.

455 N.W.2d 699, 434 Mich. 655
CourtMichigan Supreme Court
DecidedMay 15, 1990
Docket84065, (Calendar No. 7)
StatusPublished
Cited by48 cases

This text of 455 N.W.2d 699 (Dean v. Chrysler Corp.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dean v. Chrysler Corp., 455 N.W.2d 699, 434 Mich. 655 (Mich. 1990).

Opinions

Griffin, J.

Plaintiff seeks workers’ compensation1 benefits for injuries incurred in an automobile accident while traveling from home to her doctor’s office where she was to receive treatment for a prior work-related compensable injury. Nearly half a century ago, in Rucker v Michigan Smelting & Refining Co, 300 Mich 668; 2 NW2d 808 (1942), this Court held that a subsequent injury sustained under similar circumstances was not compensable because it did not arise "out of and in the course of employment” within the meaning of the act.2 In this appeal we are asked to extend workers’ compensation coverage to include plaintiff’s automobile accident injuries. Taking into account that Rucker was the law in 1972 when the Legislature passed the no-fault act,3 which allocated costs as between the no-fault and workers’ compensation system, and noting that the Legislature, despite numerous opportunities to do [658]*658so, has left undisturbed our holding in Rucker, we decline to overrule it. Accordingly, we affirm the decision of the Court of Appeals.

i

While engaged in defendant Chrysler’s employ on April 1, 1978, plaintiff Corrine Dean suffered a work-related injury when an explosion hurled a piece of metal against her leg. Defendant does not dispute that this injury is compensable under the Workers’ Disability Compensation Act. Plaintiff returned to work around May 19, 1978, and was placed on restricted or favored-work status. Plaintiff did not report to work on June 28, 1978, in order to attend an appointment with her personal physician to review the results of lab tests and receive further treatment in connection with the prior work-related leg injury. While en route from home to her physician’s office plaintiff sustained multiple injuries in a one-car motor vehicle accident in which her car apparently flipped over a concrete barrier.

In addition to workers’ disability compensation for the workplace leg injury, which is not contested, plaintiff seeks coverage under the act for the injuries sustained in the June 28, 1978, motor vehicle accident.4 A hearing referee found that although "plaintiff’s injury, while travelling to the doctor’s office [did] not constitute a new compensable injury ... it [was] a consequence of the origi[659]*659nal injury and the disability . . . therefore, [was] compensable as resultant therefrom.” The wcab affirmed with modifications not relevant to this appeal.

Subsequently, a unanimous panel of the Court of Appeals reversed in an unpublished per curiam opinion.5 Finding that Rucker controlled, the Court concluded that the injuries sustained in the automobile accident did not arise out of and in the course of plaintiff’s employment because they were not the direct and natural result of the compensable primary injury.

Plaintiff’s initial application to this Court for leave to appeal was denied. 431 Mich 913 (1988). However, plaintiff filed a motion for reconsideration, and we then granted leave to appeal. 432 Mich 921 (1989).

ii

In Rucker, supra, the plaintiff suffered a work-connected injury while in the defendant’s employ and was sent to a doctor who treated the injury. Afterwards, the doctor sent the plaintiff home in a taxicab at the expense of the defendant’s insurer. While en route, the cab was involved in a collision, resulting in an injury to the plaintiff’s eye. In determining whether the accident which occasioned the plaintiff’s eye injury "arose out of and in the course of his employment,” the Rucker Court stated the general rule that injuries arise out of the employment

"[w]hen there is apparent to the rational mind, upon consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed, and [660]*660the resulting injury. Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises 'out of’ the employment. But it excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workman would have been equally exposed apart from the employment.” [300 Mich 671, quoting Appleford v Kimmel, 297 Mich 8, 12; 296 NW 861 (1941).]

The Rucker Court unanimously held that there was "no causal connection” between the prior work-related injury and the injury suffered in the taxicab collision. 300 Mich 672 (emphasis added). Although Rucker is virtually indistinguishable, plaintiff in this case urges that Rucker no longer controls. It is claimed that Rucker was overruled by the plurality decision in Whetro v Awkerman, 383 Mich 235; 174 NW2d 783 (1970), to the extent that Rucker required a proximate cause between the injury and employment. In Whetro, three members of this Court stated "that the law in Michigan today no longer requires the establishment of a proximately causal connection between the employment and the injury to entitle a claimant to compensation.” Id. at 242.6

We reject the argument that Whetro had such an effect with respect to a subsequent injury that occurs away from the workplace. Aside from the fact that the Whetro plurality opinion is not prece[661]*661dent,7 it simply does not address the question of compensability of such a second or subsequent injury.

Whetro is distinguishable from Rucker on two grounds. First, the Whetro claimant was injured when a tornado destroyed the building "wherein he was working for his employer . . . .” Id. at 239. (Emphasis added.)8 Thus, unlike the employee in Rucker and in this case, the claimant in Whetro was actually engaged in his employer’s business when he was injured.9

Secondly, Whetro’s focus was not on a second or subsequent injury; rather, the question there was whether the first, and only, injury was compensable. By contrast, the issue in this case, as in Rucker, is whether a second or subsequent injury is compensable. Accordingly, Whetro did not overrule Rucker, expressly or by implication.

In his treatise on workmen’s compensation, Professor Larson recognizes that the causation rules applicable to a workplace primary injury are not the same as the causation principles which should apply to a second or subsequent injury that occurs away from the workplace. As Larson explains:

A distinction must be observed between causa[662]*662tion rules affecting the primary injury . . . and causation rules that determine how far the range of compensable consequences is carried, once the primary injury is causally connected with the employment. As to the primary injury, it has been shown that the "arising” test is a unique one quite unrelated to common-law concepts of legal cause, and it will be shown later that the employee’s own contributory negligence is ordinarily not an intervening cause preventing initial compensability.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kimberly a Elliott v. Walter C Elliott
Michigan Court of Appeals, 2021
Palmer Park Square, LLC v. Scottsdale Insurance Co.
878 F.3d 530 (Sixth Circuit, 2017)
in Re Krs Minor
Michigan Court of Appeals, 2015
Flexicrew Staffing, Inc. v. Champion
169 So. 3d 1048 (Court of Civil Appeals of Alabama, 2014)
People v. Johnson
712 N.W.2d 703 (Michigan Supreme Court, 2006)
Ormsby v. Capital Welding, Inc
684 N.W.2d 320 (Michigan Supreme Court, 2004)
Evans & Luptak, PLC v. Lizza
650 N.W.2d 364 (Michigan Court of Appeals, 2002)
Farm Bureau Mutual Insurance v. Nikkel
596 N.W.2d 915 (Michigan Supreme Court, 1999)
Frankenmuth Mutual Insurance v. Masters
595 N.W.2d 832 (Michigan Supreme Court, 1999)
Hagerman v. Gencorp Automotive
579 N.W.2d 347 (Michigan Supreme Court, 1998)
State Farm Mutual Automobile Insurance v. Roe
573 N.W.2d 628 (Michigan Court of Appeals, 1998)
Haske v. Transport Leasing, Inc., Indiana
566 N.W.2d 896 (Michigan Supreme Court, 1997)
Simkins v. General Motors Corp.
556 N.W.2d 839 (Michigan Supreme Court, 1996)
Brown v. Manistee County Road Commission
550 N.W.2d 215 (Michigan Supreme Court, 1996)
LOCAL 1064, RWDSU AFL-CIO v. Ernst & Young
535 N.W.2d 187 (Michigan Supreme Court, 1995)
Harris v. Mackin & Associates
641 A.2d 938 (Court of Special Appeals of Maryland, 1994)
Pulver v. Dundee Cement Co.
515 N.W.2d 728 (Michigan Supreme Court, 1994)
Gardner v. Van Buren Public Schools
517 N.W.2d 1 (Michigan Supreme Court, 1994)
Boyd v. W G Wade Shows
505 N.W.2d 544 (Michigan Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
455 N.W.2d 699, 434 Mich. 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-chrysler-corp-mich-1990.