FERNS v. RUSS GRAHAM SHELL SERV.

Docket Nos. 67286, 67287, 67292.

413 Mich. 550 (1982)

321 N.W.2d 380

FERNS v. RUSS GRAHAM SHELL SERVICE

Supreme Court of Michigan.

Decided June 28, 1982.


Attorney(s) appearing for the Case

Gerald E. Grimes for plaintiff.

Davidson, Gotshall, Kohl, Secrest, Wardle, Lynch & Clark (by Dwight D. Labadie) for defendants Russ Graham Shell Service and United States Fidelity & Guaranty Company.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Morrison Zack, Assistant Attorney General, for defendant Second Injury Fund.


PER CURIAM:

The defendants in these cases claim, inter alia, that the Workers' Compensation Appeal Board erred in placing the burden of proof on them with regard to the question whether the plaintiff, who has received 800 weeks of benefits for total and permanent disability, continues to be totally disabled beyond the 800-week period established in MCL 418.351; MSA 17.237(351). We agree with the WCAB's ruling.

I

On April 7, 1960, plaintiff John...

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