Legal Opinion · Dissent

Rakestraw v. General Dynamics Land Systems, Inc

Michigan Supreme Court

Decided July 30, 2003No. Docket 120996Published

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

  1. Farrington v. Total Petroleum, Inc.Michigan Supreme Court · 1993
  2. McAvoy v. H B Sherman Co.Michigan Supreme Court · 1977
  3. Kostamo v. Marquette Iron Mining Co.Michigan Supreme Court · 1979
  4. Reardon v. Department of Mental HealthMichigan Supreme Court · 1988
  5. Paschke v. Retool IndustriesMichigan Supreme Court · 1994

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