Rakestraw v. General Dynamics Land Systems, Inc
Michigan Supreme Court
1DissentKelly, J.
I join Justice Weaver in her dissent and write separately to comment on several aspects of the majority opinion.
I. THE MAJORITYS UNSUPPORTED EXTENSION OF PAST CASE LAW
The majority1 concludes:
On several occasions, this Court has held that symptoms such as pain, standing alone, do not establish a personal *238injury under the statute. Rather, a claimant must also establish that the symptom complained of is causally linked to an injury that arises “out of and in the course of employment” in order to be compensable.4
4 See Kostamo v Marquette Iron Mining Co, 405 Mich 105, 116-118; 274 NW2d 411 (1979);…
2Cases cited23 opinions
- Farrington v. Total Petroleum, Inc.Michigan Supreme Court · 1993
- McAvoy v. H B Sherman Co.Michigan Supreme Court · 1977
- Kostamo v. Marquette Iron Mining Co.Michigan Supreme Court · 1979
- Reardon v. Department of Mental HealthMichigan Supreme Court · 1988
- Paschke v. Retool IndustriesMichigan Supreme Court · 1994
18 more not listed; retrieve them via the Exa API.