Smeester v. Pub-N-Grub, Inc.

Memorandum Opinion. When an employer fails to secure the payment of compensation to an employee who is injured in the course of employment, 1 § 641(2) 2 of the Workers’ Disability Compensation Act 3 allows the injured employee to bring a civil action for damages against the employer. In this appeal, we address two issues: (1) whether damages under § 641(2) are limited to compensation the injured employee would otherwise have been eligible to receive had the employer complied with the statutory mandate and secured the payment of compensation, and (2) whether § 141 4 of the act precludes the…