Harris v. Vernier

I respectfully dissent. ! disagree with the majority’s conclusion that the worker’s compensation exclusive remedy provision, when asserted, as a defense to a third-party no-fault claim brought in the circuit court, constitutes a defense challenging the circuit court’s subject-matter jurisdiction. In this specific context, I conclude that the exclusive remedy provision is properly understood as an affirmative defense. Because defendant failed to raise the issue as an affirmative defense in his responsive pleading, the defense has been waived. Accordingly, I would reverse the trial court’s…