Defense: Claim barred under WCA, hazard open and obvious, lights bright
Plaintiff was an employee at a light-industrial facility in Detroit, which was operated by defandant. She did cutting, folding, inserting, collating and sorting mail for clients at their specification.
In 1987, another company was formed for purposes of assuming direct employment of all employees and personnel, except for its corporate officers. Defendant retained control over the times and places that the employees would provide services, as well as the benefits and compensation paid to them.
Plaintiff, was walking into the employee entrance at the workplace, when she fell on ice near the entrance and fractured her ankle. She described the scene as dark because the building lights were not on, and that she could not see the ice. However, a co-worker stated that he could see the ice and that the lighting in the area was bright.
Defendants argued that plaintiff’s claim was barred under the Workers’ Compensation Act and Economic Realty Test, and that the ice was open and obvious.
Type of action: Personal injury
Type of injuries: Fractured ankle
Court/Case no./Date: Wayne County Circuit Court; 11-022271-NO; Feb. 19, 2013
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