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LONE v. ESCO ELEVATORS, INC.

Docket No. 29624.

78 Mich. App. 97 (1977)

259 N.W.2d 869

LONE v. ESCO ELEVATORS, INC.

Michigan Court of Appeals.

Decided September 7, 1977.

Attorney(s) appearing for the Case

O'Brien & Noud, for plaintiff.

Ripple & Chambers, P.C., for Employers Commercial Union Insurance Company.

Before: D.E. HOLBROOK, JR., P.J., and ALLEN and D.R. FREEMAN, JJ.

ALLEN, J.

This appeal1 presents two difficult questions of first impression of worker's compensation law.

(1) When an employer or its insurer pays worker's compensation benefits to an injured employee and the employee and his wife obtain a tort judgment from a third-party tortfeasor, does MCLA 418.827; MSA 17.237(827) authorize the employer to claim reimbursement or an advance payment credit from that portion of the judgment which...

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