Harris v. Harlan Electrical Construction Co.

300 N.W.2d 479, 101 Mich. App. 155, 1980 Mich. App. LEXIS 3020
CourtMichigan Court of Appeals
DecidedOctober 24, 1980
DocketDocket 44845
StatusPublished
Cited by3 cases

This text of 300 N.W.2d 479 (Harris v. Harlan Electrical Construction Co.) 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
Harris v. Harlan Electrical Construction Co., 300 N.W.2d 479, 101 Mich. App. 155, 1980 Mich. App. LEXIS 3020 (Mich. Ct. App. 1980).

Opinions

Per Curiam.

Defendant Second Injury Fund (Fund) appeals as on leave granted the decision of the Workmen’s Compensation Appeal Board (WCAB) which reversed the decision of an administrative law judge ordering plaintiff to submit to medical examinations requested by the Fund. The WCAB additionally ordered the Fund to pay supplemental and basic benefits due plaintiff as a [158]*158totally and permanently disabled employee under MCL 418.521; MSA 17.237(521).

On February 4, 1974, plaintiff fell approximately eight feet and severely injured his left hand. On April 15, 1976, plaintiff petitioned for a lump sum advance payment1 of the compensation being paid as a result of the hand injury for the stated purpose of paying off the balances on various charge accounts on which plaintiff was paying 18% annual interest. Pursuant to a hearing held January 4, 1977, the administrative law judge found that plaintiff had received a personal injury arising out of and in the course of his employment and that on the date of the injury he had one dependent and earned $243.62 per week at unskilled labor. During the hearing, plaintiff testified that he had had no vision in his left eye since he was three years old, and, based on this testimony, the administrative law judge found that plaintiff had total and permanent loss of vision in the left eye. The defendant employer and its carrier were ordered to pay compensation at the rate of $106 per week for a period of 215 weeks2 for the "permanent and total loss of industrial use of left hand”. The plaintiff, the employer, and the insurance carrier stipulated to this award. The Fund was not directly involved in any of these proceedings. As requested by plaintiff, the administrative law judge ordered a lump-sum partial advance payment, thereby reducing plaintiff’s weekly benefits to $52 during the period of time between June 27, 1977, and February 8, 1978.

On June 17, 1977, plaintiff filed a petition for hearing against the Fund claiming total and permanent disability benefits pursuant to MCL [159]*159418.521(1); MSA 17.237(521X1) for the loss of the left hand and the prior loss of the left eye.3 The Fund requested that plaintiff undergo medical examinations regarding both the hand and the eye, but plaintiff refused to do so on advice of counsel. The Fund then brought a motion for an order requiring plaintiff to submit to the medical examinations. After a hearing held January 30, 1978, an administrative law judge granted the request. Plaintiff appealed this order to the WCAB which, on July 25, 1978, reversed the order of the administrative law judge and ordered the Fund to pay plaintiff basic and supplemental benefits as a totally and permanently disabled person based on the decision of the Supreme Court in White v Weinberger Builders, Inc, 397 Mich 23; 242 NW2d 427 (1976).

The Fund then sought leave to appeal to this Court, which was denied. The Fund sought leave to appeal to the Supreme Court and the Supreme Court in lieu of granting leave to appeal remanded the case to this Court for plenary consideration as on leave granted. Harris v Harlan Electrical Construction Co, 406 Mich 895 (1979).

[160]*160The issue on appeal is whether the administrative law judge’s findings that plaintiff suffered a total and permanent loss of the industrial use of his left hand and a prior total and permanent loss of vision in his left eye are res judicata and binding on the Fund so that plaintiff is entitled to be compensated by the Fund pursuant to MCL 418.521(1); MSA 17.237(521)(1).

The Supreme Court has recently resolved a conflict in prior cases as to the proper scope of res judicata in worker’s compensation cases. In Gose v Monroe Auto Equipment Co, 409 Mich 147; 294 NW2d 165 (1980), the Court held that the "broad” application of the principle was correct and that a claimant is barred from litigating those claims actually litigated in a prior proceeding between the parties as well as those claims which a claimant could have brought but did not. In addition, regardless of the scope of the doctrine, a prior determination is binding in subsequent proceedings between the parties only where resolution of the specific issue was necessary to the first action and not merely collateral. Hlady v Wolverine Bolt Co, 393 Mich 368, 375-377; 224 NW2d 856 (1975), Herbert v Ford Motor Co, 285 Mich 607, 613; 281 NW 374 (1938). See Gose, supra, 159 fn 1. Accordingly, we. are faced with two questions: whether there is a sufficient identity of parties and whether the issues now sought to be raised by the Fund were necessarily determined in the first action.

The initial question may be answered by reference to the Supreme Court’s decision in White, supra, where the Court held that the Fund’s rights were derivative of the employer so that, where the employee and the employer enter into a redemption agreement prior to any adjudication of responsibility, all liability has been redeemed and the [161]*161employee cannot proceed further against the Fund. The timing of the settlement is crucial; if the parties enter into a redemption agreement after a determination of liability or stipulate to the results of a hearing adjudicating responsibility on the part of the employer, the Fund is bound by that decision through its jural identity with the employer. Grice v General Motors Corp, 407 Mich 465; 286 NW2d 238 (1979), Pleiness v Mueller Brass Co, 56 Mich App 169; 223 NW2d 634 (1974). Accordingly, although the Fund was not directly a party to the first proceeding, for the purposes of applying the doctrine of res judicata, it shares an identity with the employer.

The next question is whether the facts necessary for plaintiff to prevail in his action against the Fund were determined in the prior action. In the instant case, plaintiff needs to show the compensable loss of the left hand preceded by the loss of vision in the left eye. The issue of whether plaintiff had suffered the permanent and total loss of the industrial use of his left hand was clearly determined in his action against the employer requesting a lump sum advance payment. Furthermore, it was necessary to make such a determination in order to properly resolve the matter. This determination is binding on the Fund, and the WCAB was correct in reversing the administrative law judge’s order that plaintiff submit to a physical examination of his hand. As regards the prior loss of vision in plaintiffs left eye, testimony was presented by plaintiff that he had been without vision in the eye since he was three years old, and the administrative law judge "found” that plaintiff, indeed, had a total and permanent loss of vision in the eye. The question is whether this "finding” was necessary to a proper determination [162]*162of the questions presented at that time. If not, the finding is not binding on the Fund.

After reviewing the pertinent sections of the Worker’s Disability Compensation Act, we do not believe it was necessary for the administrative law judge to determine whether plaintiff had previously suffered a loss of vision in his left eye. Plaintiff’s application was for an advance payment on the 215 weeks of compensation due for the loss of the hand. He did not assert at the hearing that he was totally and permanently disabled due to a prior injury. The administrative law judge awarded 215 weeks of compensation for the loss of the hand, and the parties stipulated to the award.

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Harris v. Harlan Electrical Construction Co.
300 N.W.2d 479 (Michigan Court of Appeals, 1980)

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Bluebook (online)
300 N.W.2d 479, 101 Mich. App. 155, 1980 Mich. App. LEXIS 3020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-harlan-electrical-construction-co-michctapp-1980.