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Sixth Circuit Holds General Contractor is Immune from Lawsuit by Employee of a Subcontractor

On August 8, 2011, the Sixth Circuit Court of Appeals affirmed a Michigan district court’s holding that a subcontractor breached its obligation to indemnify a general contractor under the contract between the parties. Honeywell Internat’l Inc. v. Lutz Roofing Co., Inc., No. 09-1877. The relationship between Plaintiff Honeywell (the general contractor) and the Defendant Lutz (the […]

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Sixth Circuit Rules that Denying Workers’ Compensation Benefits May Lead to RICO Violation

The Racketeer Influenced and Corrupt Organizations Act (RICO) is typically associated with organized crime.  However, the Sixth Circuit Court of Appeals recently held that the wrongful deprivation of an employee’s entitlement to benefits under Michigan’s Workers’ Disability Compensation Act can be the basis of a violation of RICO. Brown v. Cassens Transport Co. (CA 6 2012), No.

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When Calculating the Average Weekly Wage for Workers’ Compensation Benefits, It is No Longer Assumed that Periods of Unemployment Will be Excluded

Sometimes the most tedious tasks in managing a workers’ compensation claim can have the most significant impact on your liability.  It used to be widely accepted that when a claimant provided evidence that he had been unemployed during the year preceding his injury, that period of unemployment would be excluded from the calculation of his

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