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EDDINGTON ESTATE v. EPPERT OIL

Docket Nos. 90273, 90274, (Calendar No. 9).

441 Mich. 200 (1992)

490 N.W.2d 872

EDDINGTON ESTATE v. EPPERT OIL COMPANY

Supreme Court of Michigan.

Decided September 29, 1992.

Attorney(s) appearing for the Case

Chambers, Steiner, Mazur, Ornstein & Amlin, P.C. (by Angela J. Nicita), for the plaintiff.

Clark, Klein & Beaumont (by Michael V. Kell, Thomas S. Nowinski, and Edward J. Hood) for the intervening plaintiff.

Amici Curiae:

David S. Zurvalec for Michigan Manufacturers Association, Michigan Self-Insurers' Association, American Society of Employers, and Michigan Association of Insurance Companies.

BRICKLEY, J.

In this case we are called upon to determine the extent to which an employer, or workers' compensation carrier, is entitled to seek reimbursement from a third-party tort recovery obtained as a result of the death of an employee. See MCL 418.827(5); MSA 17.237(827)(5). We would hold that an employer or workers' compensation carrier is entitled to seek reimbursement from the entire amount of the third-party tort recovery obtained as a result of the death...

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