Great American Insurance v. Queen

We are asked to resolve an apparent conflict between the Worker’s Disability Compensation Act of 1969 (WDCA) and the no-fault insurance act.

The specific issue is whether the employer’s workers’ compensation insurer is entitled to reimbursement from the employee’s tort recovery against the third-party tortfeasor for "noneconomic loss”, which recovery is sanctioned by the no-fault act, MCL 500.3135, subds (1), (2)(b); MSA 24.13135, subds (1), (2)(b). I agree with Justice Williams that the answer is "no”, but write separately to emphasize that my agreement rests upon a different rationale.1

The…