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MARTIN v. SOMBERG-BERLIN METALS

Docket No. 60533, (Calendar No. 1).

407 Mich. 737 (1980)

288 N.W.2d 574

MARTIN v. SOMBERG-BERLIN METALS COMPANY

Supreme Court of Michigan.

Decided March 4, 1980.

Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. (by Robert F. Auld), for plaintiff.

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

Decided March 4, 1980. Rehearing denied 408 Mich. 1109.

KAVANAGH, J.

This is an appeal from a Worker's Compensation Appeal Board decision ordering the Second Injury Fund to pay differential benefits to plaintiff from seven years prior to the date he filed his application for benefits. The Second Injury Fund argues that the "one-year-back" rule in MCL 413.14; MSA 17.188, currently, MCL 418.833(1); MSA 17.237(833)(1), precludes the retroactive award of benefits...

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