CLARK v. CADILLAC GAGE

Docket No. 66510, (Calendar No. 12).

416 Mich. 88 (1982)

330 N.W.2d 376

CLARK v. CADILLAC GAGE (CLARK v. SECOND INJURY FUND)

Supreme Court of Michigan.

Decided December 23, 1982.


Attorney(s) appearing for the Case

Kelman, Loria, Downing, Schneider & Simpson (by Robert W. Howes) for the plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Eileen D. Zielesch, Assistant Attorney General, for the Second Injury Fund.


KAVANAGH, J.

This case concerns the question of whether the liability of the Second Injury Fund for workers' compensation benefits is "derivative" from the liability of an employer and whether the fund may dispute its liability for basic and differential benefits in a case wherein the employer has stipulated to or agreed with the employee's entitlement to compensation for a prior loss.

We hold the Court of Appeals was correct in remanding this case to the...

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