GOMEZ v. CAMPBELL, WYANT & CANNON FOUNDRY

Docket No. 30122.

78 Mich. App. 145 (1977)

259 N.W.2d 400

GOMEZ v. CAMPBELL, WYANT & CANNON FOUNDRY

Michigan Court of Appeals.

Decided September 7, 1977.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Eileen D. Zielesch and Patrick E. Kowaleski, Assistants Attorney General, for defendant Self-Insurer's Security Fund.

Cholette, Perkins & Buchanan (by Sherman H. Cone), for defendant Campbell, Wyant & Cannon Foundry.

Before: M.J. KELLY, P.J., and M.F. CAVANAGH and J.R. ROOD, JJ.


J.R. ROOD, J.

This workers' compensation appeal raises an issue of first impression as to whether the provisions of 1972 PA 337, MCLA 418.435; MSA 17.237(435), permitting an injured worker's last employer to seek apportionment of damages from the Self-Insured Security Fund (hereinafter SISF), are to be given retroactive effect to a claim filed prior to the January 4, 1973, effective date of 1972 PA 337. We hold that they are to be given retroactive effect.

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