Smitter v. Thornapple Township

I respectfully dissent from the majority opinion because I believe that Robert Smitter was a “volunteer fire fighter[]” for purposes of applying MCL 418.354(15) of the Michigan Worker’s Disability Compensation Act (WDCA),1 and, thus, Thor-napple Township was permitted to provide Smitter with uncoordinated benefits. While I do not necessarily disagree with Justice McCormack’s conclusion that the WDCA may allow all employers to decide whether to coordinate workers’ compensation benefits and disability insurance benefits, I do not believe that it is necessary to decide that issue in this case.…