Collins v. Waterford School District

Defendant appeals as of right from a judgment awarding plaintiff $112,847.17, plus 12% interest and costs. The circuit court stayed execution of the judgment pending this appeal. Defendant raises two issues, the first of which has merit and is dispositive of this appeal.

Defendant argues that the judgment, granted on an award by a workers’ compensation hearing referee pursuant to MCL 418.863; MSA 17.237(863), was improper because an appeal from the award was pending before the Workers’ Compensation Appeal Board. The statute, § 863 of the Worker’s Disability Compensation Act, provides:

"Any…