Maglaughlin v. Liberty Mutual Insurance

The question in this case is whether the circuit court has subject-matter jurisdiction to hear a suit brought by a worker’s compensation claimant alleging tortious conduct by her employer’s compensation carrier in refusing to pay benefits pending an appeal to the Workmen’s Compensation Appeal Board (hereafter the WCAB). The cirucit court held that the question of payment of compensation benefits pending an administrative appeal was within the exclusive jurisdiction of the compensation bureau, MCLA 418.841; MSA 17.237(841), and granted defendant’s motion for accelerated judgment, GCR 1963,…