The Sixth Circuit Court of Appeals has affirmed Chief Judge Gerald Rosen’s decision granting summary judgment to General Motors in a class action filed by former GM employees, who filed suit to stop GM from “coordinating”, i.e., reducing workers’ compensation benefits based on disability pension benefits to which they were entitled. The underlying facts stem from GM’s reorganization efforts in 2009 and a “letter agreement” executed by and between GM and UAW allowing GM to prospectively coordinate the workers’ compensation disability benefits and the pension disability benefits workers had been receiving for years as a result of the same work-related injury. The former employees / retirees argued that the Labor Management Relations Act (LMRA) and Michigan Workers’ Compensation Law, MCL 418.354(11) and (15) prohibited the coordination of the benefits. The district court ruled for GM as to all claims in the complaint. In this unpublished opinion, the Sixth Circuit affirms. Carson J. Tucker of Lacey & Jones, LLP assisted in the preparation and drafting of the appeal brief before the Sixth Circuit.
Here is the opinion: 04-30-13 Opinion
Published by Carson J Tucker, JD MSEL
Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs.
Board of Directors, Michigan Defense Trial Counsel
Amicus Committee Co-Chair, Michigan Defense Trial Counsel
Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia.
United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003
Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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