Nichol v. Billot

I disagree with the majority in this matter. The Worker’s Disability Compensation Act [hereafter WDCA] bars a common law action by an employee against a co-employee for a job-related injury which occurs during the course of employment. MCLA 418.131, 418.301, 418.827; MSA 17.237(131), 17.237(301), 17.237(827). In those situations, the injured party’s sole avenue of recovery is the exclusive remedy provided by the WDCA. Herndon v UAW Local No *2723, 56 Mich App 435, 436-437; 224 NW2d 334 (1974).

When defendant raised the WDCA as a defense to plaintiffs suit, he was raising a statutory, jurisdictional…