Eddington Estate v. Eppert Oil Co.

I write separately because I disagree that, in every third-party tort action arising out of the injury or death of an employee, either reimbursement is dependent upon the party’s status as a workers’ compensation beneficiary or the entire tort recovery is subject to the employer’s lien without regard to whom and for what the damages are allocated. Because I believe the reimbursement provision of the Workers’ Disability Compensation Act, MCL 418.827(5); MSA 17.237(827X5), is not "clear and unambiguous” and that the nature of the recovery dictates whether the lien attaches, I would hold that…