McMiddleton v. Second Injury Fund

Defendant Second Injury Fund appeals by leave granted the order of the Worker’s Compensation Appellate Commission affirming the finding of the magistrate that she lacked jurisdiction to determine the fund’s right to reimbursement from proceeds obtained in a third-party tort action. We reverse.

The parties stipulated the relevant facts. In January 1980, plaintiff was injured in the course of her employment at Great Lakes Steel when she fell down an open elevator shaft. On June 18, 1990, the Worker’s Compensation Appeal Board found plaintiff to be totally and permanently disabled.

Plaintiff filed…