Legal Opinion · Dissent

Hagerman v. Gencorp Automotive

Michigan Supreme Court

Decided June 16, 1998No. 107059, Calendar No. 8Published

1DissentTaylor, J.

I believe that the decedent’s death is not compensable under the worker’s compensation act because the work-related injury was not its sole proximate cause. Thus, I would affirm the result reached by the Court of Appeals and the wcac.

Plaintiff’s decedent, Keith Hagerman, incurred a work-related back injury in 1987. By the latter part of 1989, he could no longer work, his last day of work being December 20, 1989. After leaving work Mr. Hagerman underwent a myelogram at the direction of his physician. Medical personnel advised him to consume large amounts of water before and after the…

2Cases cited29 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
  3. Melia v. Employment Security CommissionMichigan Supreme Court · 1956
  4. Altman v. Meridian TownshipMichigan Supreme Court · 1992
  5. Horace v. City of PontiacMichigan Supreme Court · 1998

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