Banks v. LAB Lansing Body Assembly

I concur in the decision to reverse the Workers’ Compensation Appellate Commission because, for the reasons stated by the majority opinion, under the transactional test adopted in Michigan, plaintiffs subsequent claim for benefits is not barred by res judicata. See Adair v Michigan, 470 Mich 105, 124-125; 680 NW2d 386 (2004). There is no doubt that the two unrelated injuries claimed by plaintiff would not create a convenient trial unit. Id. at 125.

However, it is important to point out what the limitations are, at least in my estimation, in the decision issued today. From a review of the…