Michigan Mutual Insurance v. Smoot

Memorandum, Order

LEE, District Judge.

THIS Matter is before the Court on Plaintiff Michigan Mutual’s Motion for Summary Judgment and Defendants Wayne and Debbie Smoots’ Motion for Summary Judgment. The issues before the Court are (1) whether a claim of unjust enrichment to prevent a double recovery is properly brought against the wife of a worker who has received workers’ compensation benefits and a civil damages award; (2) whether the insurance carrier’s claim in equity for the imposition of a constructive trust and judgment against a worker who received both workers’ compensation benefits…