Olsten Temporary Services, Inc. v. Lipton

In this mandamus proceeding, defendant, a workers’ compensation referee, appeals from the circuit court’s judgment and issuance of a peremptory writ ordering him to suspend the hearing rights of a workers’ compensation claimant. We reverse, because we conclude that there is no factual predicate for the writ. It should not have been issued.

The claimant sustained a compensable back injury in February, 1987, while employed by plaintiff Olsten Temporary Services, Inc. The claim was closed by a determination order in September, 1987. In April, 1988, the claimant settled an aggravation claim,…