Later courts went against this
Disagreed with by Dunbar v. Department of Mental Health, 197 Mich. App. 1 (1992)
Second, we believe that Lopus, which is the only case of the three to deal with workers’ compensation, was wrongly decided.
The opinion
Shepherd, P.J.
(concurring). I concur in the result. It Is not necessary for us to resolve the question of whether this is a contract or a tort action. Plaintiff in this case admittedly was incapable of working. She was entitled to claim and did claim workers’ compensation benefits and this claim was settled, i.e., she received benefits. If plaintiff were capable of working we would be faced with the question of whether her having been discharged is a contract or tort action. Since she cannot work, the issue need not be resolved.