McDonald v. Zinn Drywall

More than ten years after suffering an injury in the course of his employment, plaintiff obtained a circuit court order rescinding a workers’ compensation redemption agreement signed by the parties and approved after a hearing before a workers’ compensation hearing officer. The question of first impression raised on this appeal is whether plaintiff must, as a condition precedent to maintaining an action seeking rescission, tender a return of the amount of the redemption agreement settlement.

On May 15, 1972, plaintiff was injured while installing drywall sheet rock. Plaintiff was employed by…