Benson v. Callahan Mining Corp.

Although the majority and I agree on the resolution of this case and, I believe, the fundamental reasoning and analysis to reach that resolution, I write separately because we do not agree on our view of one of the prior cases in this area, Adams v Shepherd Products, US, Inc, 187 Mich App 695; 468 NW2d 332 (1991). I was a member of the panel that decided Adams and continue to believe it was correctly decided. Furthermore, because we distinguish this case from Adams, Administrative Order No. 1990-6, 436 Mich lxxxiv, Mich Ct R, p A 1-45, is inapplicable.

A claim of unsafe working conditions does…