Devault v. General Motors Corp.

386 N.W.2d 671, 149 Mich. App. 765
CourtMichigan Court of Appeals
DecidedMarch 17, 1986
DocketDocket 82088
StatusPublished
Cited by12 cases

This text of 386 N.W.2d 671 (Devault v. General Motors Corp.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Devault v. General Motors Corp., 386 N.W.2d 671, 149 Mich. App. 765 (Mich. Ct. App. 1986).

Opinions

M. Warshawsky, J.

Plaintiff appeals from a decision of the Workers’ Compensation Appeal Board which denied him disability benefits for injuries he suffered during an assault that occurred in defendant’s plant on October 4, 1978.1 The WCAB reversed the decision of a hearing referee and denied benefits on the ground that plaintiffs injuries did not arise out of his employment under MCL 418.301(1); MSA 17.237(301X1).

[768]*768Plaintiff was assaulted while working at defendant’s Pontiac Assembly Plant by Ralph Miller, a co-employee and the husband of plaintiff’s ex-wife. Miller struck plaintiff on the right jaw with his left hand, causing plaintiff to fall and hit his head on the plant’s concrete floor. Plaintiff suffered closed head injuries which left him totally and permanently disabled.

The WCAB found that the record consistently indicated that the origin of Miller’s animosity toward plaintiff was Miller’s wife’s relationship with plaintiff. (Miller and plaintiff’s ex-wife have since divorced.) Miller admitted knowing plaintiff only through his wife and that all of his earlier confrontations with plaintiff, at or away from work, were of a personal nature. Although Miller and his wife were co-employees with plaintiff, they worked in a different section of the plant.

Miller testified that certain phone calls to his home by plaintiff and a personal contact at work from plaintiff had caused his wife to become more nervous and resulted in his taking over her job on occasion, making him more "uptight” about his job performance. The WCAB found that there was no evidence, however, that this contributed to the personal anger provoking his attack on plaintiff.

According to Miller’s testimony, the provocation for the attack was plaintiff’s refusal to pay the expenses for his own daughter’s dental braces while she continued to live with her mother (Miller’s wife) and Miller. Another cause for the assault was Miller’s learning that plaintiff’s daughter had attempted, two weeks earlier, to commit suicide after plaintiff had reportedly visited the Friend of the Court concerning his support payments.

Miller testified that after learning of plaintiff’s refusal to pay for his daughter’s braces, he became angry and drove from his home to defendant’s [769]*769plant complex to confront plaintiff. He gained admittance to the complex by lying to the guard at the second gate that he was late for work, after being refused entry at the first gate by disclosing his purpose for entering the plant. Miller then discovered plaintiff’s new reassigned work station within the multi-plant area and hitched a ride on a maintenance truck to plaintiff’s location. The WCAB found from Miller’s and other employees’ testimony that Miller acted as the clear aggressor against plaintiff, giving plaintiff no opportunity to retreat before landing the blow which caused the injury.

Appellate review of a decision by the WCAB is limited. Findings of fact made by the WCAB are conclusive and may not be set aside if supported by record evidence, absent a showing of fraud. An appellate court may examine the board’s application of legal standards, however. Spencer v Clark Twp, 142 Mich App 63, 66; 368 NW2d 897 (1985); Const 1963, art 6, §28; MCL 418.861; MSA 17.237(861). This Court errs if it substitutes its findings of fact for those of the WCAB on the question of an injury’s work-relatedness. Brady v Clark Equipment Co, 72 Mich App 274; 249 NW2d 388 (1976), rev’d 400 Mich 806; 282 NW2d 921 (1977).

The Michigan Supreme Court has held that "[i]n all successful workers’ compensation cases, the claimant must establish by a preponderance of the evidence both a personal injury and a relationship between the injury and the workplace”. Miklik v Michigan Special Machine Co, 415 Mich 364, 367; 329 NW2d 713 (1982). Claimants carry the burden of proving causation by a preponderance of the evidence. McClain v Chrysler Corp, 138 Mich App 723, 727-728; 360 NW2d 284 (1984). The occurrence of an injury on an employer’s premises in the [770]*770course of employment does not, by itself, establish a prima facie showing that the injury arose out of the employment. McClain, supra, pp 731-732.

The following passage, quoted with approval by the Michigan Supreme Court in Crilly v Ballou, 353 Mich 303, 311-312; 91 NW2d 493 (1958), explains well what is required for a causal connection to be found between an injury and a workplace:

"Not the particular or peculiar character of the associations and conditions, but that the work creates and surrounds the employee with them is the basic thing.
"Nor is it necessary, as these cases show, that the particular act or event which is the immediate cause of the injury be itself part of any work done for the employer by the claimant or others. * * * Not that the act is in the line of duty, or forwards the work, or creates special risks, but that the work brings the employee within its peril, makes it, for purposes of compensation, 'part of the work.’ ” Hartford Accident & Indemnity Co v Cardillo, 72 US App DC 52; 112 F2d 11 (1940), cert den 310 US 649; 60 S Ct 1100; 84 L Ed 1415 (1940). (Emphasis supplied.)

The Crilly Court also cited a South Carolina Supreme Court case in which the cause of a workplace assault was found to be a personal conflict, as here, and noted that the causal connection requirement was lacking:

"The requirement that there be a causal connection between the work, or the incidents thereof, the working conditions, and the injury, serves to exclude the purely personal, nonwork connected, disputes, such as that which arose after one Harry Elrod attempted to 'date’ the wife of a fellow workman whom he had met in a tavern the night preceding the altercation. Elrod v Union Bleachery, 204 SC 481 (30 SE2d 73).” Crilly v Ballou, supra, pp 326-327. (Emphasis supplied.)

[771]*771It has been generally recognized that where an assault is unconnected with the employment and motivated by personal reasons, the injury that results does not normally "arise out of’ the employment.2

Plaintiff sets forth five arguments on appeal as to why his injury arose out of his employment for purposes of MCL 418.301(1); MSA 17.237(301X1). His first argument is that Miller’s employment with defendant afforded him special knowledge that it was company policy not to deny admittance to an employee who claimed he was late for work. Thus, he claims the injury was employment related because Miller gained knowledge on the job which allowed him to gain access to plaintiff. The WCAB rejected this argument because it found as a fact that defendant had a flexible enforcement policy concerning admissions and departures. The board also found that Miller had used a lie to gain entrance to the plant which was a "common technique”, not related to any "special knowledge” of plant regulations. Since this finding of fact is supported by the record, we do not substitute our own findings for those of the board. Brady v Clark Equipment Co, supra.

Plaintiff’s second argument on appeal is that Miller had special knowledge of defendant’s plant complex and was therefore able to quickly and easily track down plaintiff prior to the assault.

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Devault v. General Motors Corp.
386 N.W.2d 671 (Michigan Court of Appeals, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
386 N.W.2d 671, 149 Mich. App. 765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devault-v-general-motors-corp-michctapp-1986.