KOSTAMO v. MARQUETTE IRON CO.

Docket Nos. 56000, 56729, 56915, 56934, 57479. (Calendar Nos. 8-12).

405 Mich. 105 (1979)

274 N.W.2d 441

KOSTAMO v. MARQUETTE IRON MINING COMPANY BULLARD v. COPCO STEEL & ENGINEERING HANNULA v. THE CLEVELAND-CLIFFS IRON COMPANY FISZER v. WHITE PINE COPPER COMPANY JARMAN v. ATLAS SUPPLY COMPANY

Supreme Court of Michigan.

Decided January 12, 1979.


Attorney(s) appearing for the Case

Marcus, Ruck & Flynn (by Lawrence R. Backofen) for plaintiff Kostamo.

Kelman, Loria, Downing, Schneider & Simpson (by Rodger G. Will) for plaintiff Bullard.

Wisti & Jaaskelainen (by Gordon J. Jaaskelainen and James F. Tercha) for plaintiffs Hannula and Fiszer.

Gray & Taylor, P.C., for plaintiff Jarman.

Clancey, Hansen, Davidson, Chilman & Graybill for defendants Marquette Iron Mining Company and The Cleveland-Cliffs Iron Company.

George E. Ganos for defendants Copco Steel & Engineering and Employers Mutual Liability Insurance Company.

Vairo, Mechlin, Tomasi & Johnson for defendant White Pine Copper Company.

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

Amici Curiae:

Plunkett, Cooney, Rutt, Watters, Stanczyk & Pedersen (by Jeannette A. Paskin) for American Insurance Association.

Hayim I. Gross and Lacey & Jones for Chrysler Corporation, Uniroyal, Inc., Kelsey Hayes Company and Michigan Bell Telephone Company.

William J. Devers, Jr., Associate Counsel, and Thomas P. Chuhran, of counsel, for Ford Motor Company.

James A. Durkin and Thomas W. Watkins (Frazer F. Hilder, General Counsel, of counsel) for General Motors Corporation.

Jack H. Bindes for Michigan Trial Lawyers Association.

Kasoff, Young, Gottesman, Kovinsky, Friedman & Walkon, P.C., for United Steelworkers of America.


LEVIN, J.

In these consolidated cases the workers had arteriosclerotic heart disease. Kostamo and Bullard had heart attacks and died. Jarman had a heart attack and lived. Fiszer and Hannula offered expert testimony that they had suffered heart attacks but the Worker's Compensation Appeal Board found that they had not.

The WCAB denied compensation to all the claimants except Jarman who, it found, had suffered work-related heart damage and disability.

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