Nelson v GMC and Coleman v GMC, 2009 ACO #11
These two cases were heard together in light of their extremely similar factual circumstances. The Commission found that a Michigan employer is still liable for its contribution to an employee’s injury even where there is subsequent employment and contribution in another state. Key point: despite Karaczewski and Section 301(1), the Michigan employer will be liable for the contribution to the injury up through the last day worked in Michigan. The “last day of work in the employment in which the employee was last subjected to the conditions that resulted in the employee’s disability” does not apply to employment in another state except for in rare circumstances.
