COURT OF APPEALS LIMITS RAKESTRAW

The Court of Appeals has released a decision that significantly limits the impact of Rakestraw v General Dynamics Land Systems, 469 Mich 220; 666 NW2d 199 (2003).

Rakestraw is the Michigan Supreme Court case that says in order to prove the occurrence of a "personal injury" at the workplace where the employee has a pre-existing condition, the employee must demonstrate that work caused a problem that is "medically distinguishable" from the pre-existing problem. The facts in Rakestraw were that the emplyee had a pre-existing non-work-related cervical problem. He claimed his work over the years aggravated that pre-existing non-work-related problem, thus making his resultant condition work-related for workers' compensation purposes.

The Court of Appeals in the recently released Simpson v Borbolla Construction & Concrete Supply, Inc, rel'd January 25, 2007, has limited Rakestraw to cases involving aggravation of pre-existing non-work-related problems. That is, the Simpson Court says Rakestraw's "medically distinguishable" requirement is not applicable where the initial problem is a work injury and the emplyee is alleging subsequent work aggravated that initial work injury.
The facts of Simpson were that the plaintiff suffered an initial work injury in 1979 to his wrist causing a fracture. He worked over the next 21 years for numerous employers at iron worker jobs. He claimed all of his long tenure of work after the initial work injury aggravated that initial injury and the last employer with whom he worked should therefore be held liable. Plaintiff only worked one day for the last employer.

Mr. Simpson prevailed with his claim against the last employer before the Magistrate, before the Workers' Compensation Appellate Commission, and now before the Court of Appeals. While the Appellate Commission had said Rakestraw did apply and found plaintiff’s work on his last day demonstrated a medically distinguishable problem, the Court of Appeals says reference to Rakestraw is inappropriate and the award should be affirmed regardless of whether a medically distinguishable problem occurred on plaintiff’s last day of work.

It is likely the last day of work employer will appeal this case to the Supreme Court. We will keep you updated.