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WHITE v. WEINBERGER BUILDERS, INC.

Docket Nos. 14927, 14932, 15060, 15118.

49 Mich. App. 430 (1973)

212 N.W.2d 307

WHITE v. WEINBERGER BUILDERS, INC. BOYKO v. CHRYSLER CORPORATION MOORHOUSE v. J D CANDLER ROOFING COMPANY, INC PITTS v. DAVISON-LINWOOD STANDARD STATION

Michigan Court of Appeals.

Decided September 24, 1973.

Attorney(s) appearing for the Case

Lopatin, Miller, Bindes & Freedman (Michael H. Feiler, of counsel), for plaintiff John B. White.

Rothe, Marston, Mazey, Sachs, O'Connell, Nunn & Freid, P.C., for plaintiff John Boyko.

Sharples, Klein & Gale, for plaintiff Hansel O. Moorhouse.

Kelman, Loria, Downing & Schneider, for plaintiff Roosevelt Pitts.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and A.C. Stoddard and David J. Watts, Assistants Attorney General, for the Second Injury Fund.

Amicus Curiae: McCroskey, Libner, Van Leuven, Kortering, Cochrane & Brock (Timothy J. Bott, of counsel).

Before: V.J. BRENNAN, P.J., and DANHOF and BASHARA, JJ.

Leave to appeal applied for.

DANHOF, J.

These four workmen's compensation cases have been consolidated for appeal. At issue is the potential liability of the Second Injury Fund in cases where an alleged employer has neither admitted liability under the act, nor been adjudicated liable, but rather where liability has been redeemed pursuant to the first provision of MCLA 412.22; MSA 17.172, currently MCLA 418.835; MSA 17.237(835). Plaintiffs appeal from decisions...

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