Petersen v. Magna Corp.

I fully join in part IV of Justice MARKMAN’S dissenting opinion. I further dissent from the majority’s conclusion that “the term ‘prorate’ in MCL 418.315(1) applies only to employers and their insurance carriers,”1 and with Chief Justice KELLY’s conclusion that a workers’ compensation claimant may never be deemed responsible for a portion of the attorney fees incurred because doing so would “violate the remedial goal of the [Worker’s Disability Compensation Act].”2

Normally, a workers’ compensation claimant is responsible for bearing the costs of his portion of the litigation, including…