McAVOY v. H B SHERMAN CO

Docket Nos. 58845, 58846, 58983, 58855. (Calendar Nos. 4-7).

401 Mich. 419 (1977)

258 N.W.2d 414

McAVOY v. H B SHERMAN COMPANY STRICKLIN v. AMERICAN CHAIN & CABLE COMPANY, INC TURNER v. GENERAL MOTORS CORPORATION MICHIGAN SELF-INSURERS' ASSOCIATION v. BUREAU OF WORKMEN'S COMPENSATION

Supreme Court of Michigan.

Decided October 11, 1977.


Attorney(s) appearing for the Case

Kasoff, Young, Gottesman, Kovinsky, Friedman & Walkon, P.C., for plaintiff McAvoy.

Marston, Sachs, Nunn, Kates, Kadushin & O'Hare, P.C. (by Robert G. Hodges) for plaintiff Stricklin.

Lopatin, Miller, Bindes, Freedman & Bluestone (by Michael A. Gantz) for plaintiff Turner.

Honigman, Miller, Schwartz & Cohn (by Robert A. Fineman) for plaintiff Michigan Self-Insurers' Association.

Conklin, Benham, McLeod, Ducey & Ottaway, P.C. (by Thomas P. Chuhran) for defendants H.B. Sherman Company, American Mutual Liability Company, and American Chain & Cable Company, Inc.

Plunkett, Cooney, Rutt, Watters, Stanczyk & Pederson (by Edward K. Pederson, Jr., and Jeannette A. Paskin; and Frazer F. Hilder, General Counsel, and Thomas W. Watkins and James A. Durkin, of counsel) for defendant General Motors Corporation.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and E.J. Setlock, Assistant Attorney General, for defendants Bureau of Workmen's Compensation, Workmen's Compensation Appeal Board, and Second Injury Fund.

Amici Curiae:

Michigan AFL-CIO, by Kelman, Loria, Downing, Schneider & Simpson (by Robert W. Howes) and Theodore Sachs.

Michigan Manufacturer's Association, Employers Association of Detroit, Employers Association (Grand Rapids), Foundrymen's Association of Michigan, Industrial Insurance Agents of Michigan, Michigan Asphalt Paving Association, Inc., Michigan Auto Dealers Association, Michigan Automotive Wholesalers Assn., Michigan Beer & Wine Wholesalers Assn., Michigan Chapter Associated General Contractors, Michigan Dairy Foods Association, Michigan Food Dealers Association, Michigan Funeral Directors Assn., Inc., Michigan Independent Telephone Assn., Michigan Institute of Laundering & Drycleaning, Michigan Licensed Beverage Association, Michigan Oil & Gas Association, Michigan Plumbing & Mechanical Contractors Association, Inc., Michigan Retail Hardware Association, Michigan Retail Lumber Dealers Association, Michigan Retailers Association, Michigan Savings & Loan League, Michigan Tobacco-Candy Distributors & Vendors Association, Inc., Michigan Trucking Association, Inc., and Music Operations of Michigan, by Beaumont, Smith & Harris (by Dwight H. Vincent and J. Walker Henry).


Decided October 11, 1977. Rehearing denied and motion for clarification granted 402 Mich. 953.

BLAIR MOODY, JR., J.

We granted leave in these consolidated worker's compensation cases in order to consider whether 1975 PA 34, MCLA 418.862; MSA 17.237(862), comports, on its face and as applied, with certain fundamental constitutional mandates. 1975 PA 34 is commonly referred to as the "70% statute". It provides that...

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