Great American Insurance v. Queen

The sole question in this case is whether a worker’s compensation carrier is entitled to be reimbursed from the injured employee’s recovery of noneconomic losses from the tortfeasors. The trial court held that they were not entitled to reimbursement and granted defendants’ motions for summary judgment.

Presently within this Court there exists a split of opinion on this issue. In Wrobel v Wayne County Road Comm, 79 Mich App 484; 261 NW2d 58 (1977), one panel of this Court relied upon the pre-no-fault case of Pelkey v Elsea Realty & Investment Co, 394 Mich 485; 232 NW2d 154 (1975), and held that…