Failure to Tender Back Proceeds of Previous Redemption Agreement Precludes Subsequent Silicosis Claim, Court Holds

DETROIT - A mentally retarded man who signed a redemption agreement following a workers' compensation claim for a back injury is precluded from pursuing a subsequent claim for alleged silica-related injury sustained while working for the same company, a state appeals court has held. Dubois v. Betz Industries, et al., No. 228391 (Mich. App. Ct.).

In a June 4 opinion affirming summary disposition for the defendants, the Michigan Court of Appeals held that because the man failed to tender back the redemption amount for the previous claim, he cannot proceed with allegations stemming from his subsequent silicosis claim. This despite …