Smeester v. Pub-N-Grub, Inc.

ON REMAND

Before: Gribbs, P.J., and Michael J. Kelly and Griffin, JJ. Gribbs, P.J.

Previously, this Court held that both common-law damages and defenses not abolished by statute were available in a civil action under § 641(2) of the Worker’s Disability Compensation Act (wdca), MCL 418.641(2); MSA 17.237(641)(2), when an employee sues an employer for an injury such that, had the employer been insured as required by §§ 171 and 611 of the wdca, MCL 418.171, 418.611; MSA 17.237(171), 17.237(611), suit would be prohibited by the exclusive remedy provision of § 131 of the wdca, MCL 418.131; MSA…