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No. 133274
| Dennis G. Simpson, |
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Daryl C. Royal |
Plaintiff-Appellee, |
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| v |
(Appeal from Ct of Appeals) |
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(Workers' Comp Appellate Comm) |
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| Borbolla Construction & Concrete Supply, Inc. |
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Nicholas P. Moore |
| and Cincinnati Insurance Company, |
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| Defendants-Appellants, |
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| and |
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| Fluor Constructors International, Inc. and Travelers |
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Gerald M. Marcinkoski |
| Casualty & Surety Company, |
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Defendants-Appellees, |
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| and |
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| Silicosis Dust Disease & Logging Industry |
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| Compensation Fund, |
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Defendants. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Supplemental Brief>>
Defendants-Appellants' Application for Leave to Appeal>>
Defendants-Appellants' Supplemental Brief>>
Defendants-Appellees' Brief in Opposition to Application for Leave to Appeal>>
Defendants-Appellees' Supplemental Brief>>
Michigan Health and Hospital Association's Amicus Curiae Brief>>
Michigan Health and Hospital Association's Supplemental Amicus Curiae Brief>>
Michigan Self-Insurers' Association and Michigan Manufacturers Association's Amici Curiae Brief>>
Background
Dennis Simpson, a structural iron worker, suffered a wrist injury at work in 1979. Over time, as Simpson continued to perform the same job for a variety of employers, he developed traumatic arthritis in his wrist. Simpson’s last employer was Borbolla Construction, where he worked for one day before permanently leaving employment as an iron worker. Simpson filed a claim for worker’s compensation benefits. Ruling in Simpson’s favor, the magistrate found that Simpson’s last date of employment with Borbolla Construction “was the last time he was subjected to the conditions which generated and exacerbated his wrist disease.” As a result, the magistrate said, Borbolla Construction was obligated to pay benefits to Simpson. Borbolla Construction appealed the magistrate’s decision to the Workers’ Compensation Appellate Commission, but the WCAC unanimously affirmed. Although Simpson only worked for Borbolla Construction for one day, the employer was still fully liable for benefits, the WCAC concluded. Relying on the Supreme Court’s opinion in Rakestraw v General Dynamics Land Systems, Inc, 469 Mich 220 (2003), the WCAC said that Rakestraw applies to all pre-existing conditions, including pre-existing work-related conditions exposed to subsequent work-related aggravation. Thus, said the WCAC, it had to evaluate whether Simpson had a medically distinguishable personal injury at work following his original work-related wrist condition, and when Simpson was last subjected to the conditions producing such a medically distinguishable personal injury. Answering both of these questions in Simpson’s favor, the WCAC concluded that Borbolla Construction was liable for disability benefits. In a published per curiamopinion, the Court of Appeals affirmed the WCAC’s ruling, under somewhat different reasoning. The Court of Appeals determined that Rakestraw did not apply under the factual circumstances of this case. Nevertheless, the Court of Appeals agreed with the WCAC that Borbolla Construction was liable to Simpson for worker’s compensation benefits. Borbolla Construction appeals.
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