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PERRY v. STURDEVANT MFG CO

Docket No. 60555.

124 Mich. App. 11 (1983)

333 N.W.2d 366

PERRY v. STURDEVANT MANUFACTURING COMPANY

Michigan Court of Appeals.

Decided March 9, 1983.

Attorney(s) appearing for the Case

Marston, Sachs, Nunn, Kates, Kadushin & O'Hare, P.C. (by Granner S. Ries), for plaintiff.

Ulanoff, Ross, Summer, LaKritz, Wesley & Bloom, P.C. (by Carmen C. Tice), for defendant.

Before: BRONSON, P.J., and V.J. BRENNAN and J.H. GILLIS, JJ.

BRONSON, P.J.

The claimant appeals by leave granted a decision of the Workers' Compensation Appeal Board (WCAB), denying her request for imposition of the penalty for late payment provided for in § 801 of the Worker's Disability Compensation Act (WDCA), MCL 418.801; MSA 17.237(801). The board held that the statutory penalty provision does not apply to late payments of "70% benefits" provided for in § 862 of the act, MCL 418.862; MSA 17.237(862).

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