Plaintiff eventually began working at Mercy Hospital as a nurse manager for the ICU in the summer of 1994. Plaintiff brought suit against defendants Detroit-Macomb Hospital Corporation, Joan Noga, and Lorraine White for sexual and national origin discrimination. A jury returned a no cause verdict in favor of defendants. The decision to admit evidence is within the sound discretion of the trial court and will not be disturbed on appeal absent an abuse of discretion. An abuse of discretion is found only if an unprejudiced person, considering the facts on which the trial court acted, would say there is no justification or excuse for the ruling made.
Statutory interpretation is a question of law that is reviewed de novo for error on appeal.
However, any information in the commission's possession that may affect a claim for benefits or a charge to an employer's rating account shall be available to interested parties. In Wojciechowski, supra , the Worker's Compensation Appeal Board considered the plaintiff's MESC records and assumed that the records were in contradiction with the plaintiff's claim for worker's compensation benefits. Michigan case law clearly indicates that MESC information and determinations cannot be used to estop a plaintiff from asserting a contrary position in a worker's compensation forum. The Court did not see the need to go beyond the words of the statute. More recently, in Paschke , supra at 513, the Court confirmed that a plaintiff's receipt of unemployment benefits does not estop that plaintiff's claims for total disability during the same period.