(DOWNLOAD) "Siira v. Employers Mutual Liability" by Court of Appeals of Michigan # eBook PDF Kindle ePub Free
eBook details
- Title: Siira v. Employers Mutual Liability
- Author : Court of Appeals of Michigan
- Release Date : January 27, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Plaintiff Melvin Siira incurred a work related injury in Montana and received a lump-sum settlement pursuant to the Montana Workmen's Compensation Act. Then Mr. and Mrs. Siira obtained a settlement from the manufacturer of a power saw involved in the accident. Thereafter defendant, Employers Mutual Liability Insurance Company of Wisconsin, obtained a judgment against Mr. Siira for reimbursement of workmen's compensation benefits paid pursuant to the Montana act and a writ of execution was secured to enforce the judgment. Mr. and Mrs. Siira and Andrew H. Wisti and Gordon J. Jaaskelainen d/b/a Wisti & Jaaskelainen, a partnership, filed the instant action for actual and punitive damages for abuse of process and interference with plaintiffs' contractual rights and for apportionment of attorney's fees as provided for in the Michigan Worker's Disability Compensation Act. The Houghton Circuit Court, Stephen D. Condon, J., granted accelerated judgment for defendant. Plaintiffs appeal. Held : 1. The section of the Michigan Worker's Disability Compensation Act providing for apportionment of attorney fees between employer and employee in the event the employer is entitled to reimbursement due to the employee's recovery from a third-party tortfeasor applies only when the compensation was paid or payable under the Michigan act.