Clark v. Cadillac Gage

I concur separately, basing my agreement in the result on different grounds. Unlike my colleague, I do not believe that the theory of White v Weinberger Builders, Inc, 397 Mich 23; 242 NW2d 427 (1976), which was upheld in Grice v General Motors Corp, 407 Mich 465; 286 NW2d 238 (1979), needs to be limited to that case only.

In White, we affirmed the lower court’s holding that the " 'liability of the Second Injury Fund is derivative from that of the employer, so that the fund cannot be subjected to a separate, independent hearing as to liability for differential payments once the employer’s…