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KOZLOWSKI v. CHRYSLER CORP.

Docket No. 28002.

75 Mich. App. 429 (1977)

254 N.W.2d 917

KOZLOWSKI v. CHRYSLER CORPORATION

Michigan Court of Appeals.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Kelman, Loria, Downing, Schneider & Simpson (by Robert W. Howes), for plaintiff.

Lacey & Jones (by E.R. Whinham, of counsel) for defendant Chrysler Corporation.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Joseph M. Binno, Assistant Attorney General, for Second Injury Fund.

Before: ALLEN, P.J., and D.E. HOLBROOK and D.C. RILEY, JJ.

ALLEN, J.

Judge HOLBROOK'S concurring opinion reviews the history of this case. We agree that the case must again be remanded, but our reasons are different than those expressed by Judge HOLBROOK. The Workmen's Compensation Appeal Board holding is ambiguous.1 The Burke2 test would require an award of compensation if: (1) Both of the plaintiff's legs are unusable in industry because (2) use of the legs...

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