Panagos v. North Detroit Gen'l Hosp

In Panagos v. North Detroit Gen'l Hosp, 35 Mich App 554; 192 NW2d 542 (1971), the plaintiff, an employee of the defendant hospital, cut her mouth during lunch on a foreign particle allegedly in a piece of pie that the plaintiff purchased in the hospital's cafeteria. The cut became infected, and the plaintiff allegedly lost teeth as a result of the infection. Id. The plaintiff was disabled from working for about fifteen weeks, during which time defendant voluntarily paid her workers' compensation benefits. Id. After returning to work, the plaintiff commenced a lawsuit against the defendant, claiming negligence and breach of warranty. Id. The defendant claimed that the trial court should have dismissed the matter because the Workers' Compensation Bureau had exclusive jurisdiction over the matter. Id. Finding for the plaintiff, the Court stated that the plaintiff's cause of action had nothing to do with the fact that the plaintiff also happened to be employed by the defendant. Id. at 559. The Court held that the plaintiff did not first have to seek relief from the Workers' Compensation Bureau because it was "clear that the employee-employer relationship was unrelated to the cause of action." Id.