Riley v. Northland Geriatric Center

The majority resolves the conflict present in the Court of Appeals application of this Court’s decision in Gusler v Fairview Tubular Products, 412 Mich 270; 315 NW2d 388 (1981), by holding that (1) the doctrine of res judicata does not bar relitigation of the plaintiffs minimum weekly benefit rate under § 351(1), and (2) our decision in Gusler is retroactively applicable to those parties receiving minimum rate benefits at the time of the decision’s release irrespective of their date of injury.

I respectfully dissent and would hold that res judicata bars relitigation of the plaintiffs’ minimum…