Lindsey v. Hartford Accident & Indemnity Co.

R. B. Burns, P.J.,

(dissenting). I would find the exclusive remedy provision of the Worker’s Disability Compensation Act, MCL 418.131; MSA 17.237(131), precludes recovery of no-fault automobile insurance benefits by plaintiff against Carriers Insurance Company. Ottenwess v Hawkeye Security Ins Co, 84 Mich App 292; 269 NW2d 570 (1978), lv gtd, 403 Mich 852 (1979).

I would not reach the remaining issues raised by the parties, concerning priority among insurers and the propriety of set-off, those issues not having been presented to the trial court for initial resolution. See, e.g., Swartz v Laurencelle, 371 Mich 153, 166; 123 NW2d 244 (1963).