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CUPPLES v. AMEC, INC.

Docket No. 77-1656.

84 Mich. App. 498 (1978)

269 N.W.2d 653

CUPPLES v. AMEC, INC.

Michigan Court of Appeals.

Decided July 5, 1978.

Attorney(s) appearing for the Case

Marcus, Ruck & Flynn, P.C. (by David M. Wells), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Richard F. Zapala, Assistant Attorney General, for defendant Second Injury Fund.

Before: DANHOF, C.J., and D.E. HOLBROOK, JR. and S. EVERETT, JJ.

DANHOF, C.J.

Defendant, Second Injury Fund, appeals on leave granted from a Workmen's Compensation Appeals Board (WCAB) decision awarding plaintiff differential benefits for total and permanent disability due to the loss of the industrial use of his leg. The only issue on appeal is whether the award was contrary to MCL 418.833(1); MSA 17.237(833)(1), which reads:

"If payment of compensation is made, other than...

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