Williams v. DAIIE

In Williams v. DAIIE, 169 Mich. App. 301; 425 N.W.2d 534 (1988), the plaintiff suffered an initial on-the-job injury in 1968, and suffered subsequent on-the-job injuries in 1980 and 1981. In July 1982, the plaintiff's doctor released the plaintiff for return to work with certain restrictions. The plaintiff's employer did not have a position available with the work restrictions. In August 1982, while on medical disability leave, the plaintiff injured his neck in an automobile accident and in June 1983, the plaintiff complained of neck pain. However, the plaintiff's treating physician attributed the June 1983 neck pain to the 1968 work injury, and not the 1982 automobile accident. The Court affirmed the grant of summary disposition under MCR 2.116(C)(10) in favor of the defendant, stating that the pleadings, affidavits, and depositions did not raise any genuine issue of material fact with respect to whether, but for the automobile accident, the plaintiff would have returned to work. The Court noted that the plaintiff's own doctor attributed his continued neck pain to the 1968 work injury and not to the automobile accident and that the plaintiff's disability was the result of a work-related injury. The Court also noted that the plaintiff never produced a letter he claimed he received from his employer indicating that he could return to work. Williams, 169 Mich. App. at 304-305.