REDFERN v. SPARKS-WITHINGTON CO.

Docket Nos. 54947, 55329, 56190, 56352. (Calendar Nos. 7-10).

403 Mich. 63 (1978)

268 N.W.2d 28

REDFERN v. SPARKS-WITHINGTON COMPANY PASTALENIEC v. THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC LEGUT v. DETROIT WINDOW CLEANING COMPANY

Supreme Court of Michigan.

Decided July 17, 1978.


Attorney(s) appearing for the Case

L.R. Heuman (Rappleye, Bannasch & Wilkins, by John P. Kobrin, Jr., of counsel), for plaintiff Redfern.

Kelman, Loria, Downing, Schneider & Simpson (by George L. Downing and Robert W. Howes) for plaintiffs Pastaleniec and Legut.

Conklin, Benham, McLeod, Ducey & Ottaway, P.C. (by Thomas P. Chuhran), for defendants Sparks-Withington Company and American Motorists Insurance Company.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and A.C. Stoddard and Thomas R. Fredericks, Assistants Attorney General, for defendant Second Injury Fund.

Lacey & Jones (by Hayim I. Gross) for defendant The Great Atlantic & Pacific Tea Company, Inc.

Vandeveer, Garzia, Tonkin, Kerr & Heaphy, P.C. (by James A. Sullivan), for defendants Detroit Window Cleaning Company and Michigan State Accident Fund.


LEVIN, J.

Anna Redfern, Joseph Pastaleniec and Walter L. Legut suffered work-related injuries, and compensation for general disability was paid.

In these cases, consolidated on appeal, the workers asserted that as a consequence of their physical injuries they suffered mental illness or cognitive loss constituting "incurable insanity or imbecility" and, therefore, additional compensation should be paid for "total and permanent disability".

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