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COUTURE v. GENERAL MOTORS CORP.

Docket No. 61550.

125 Mich. App. 174 (1983)

335 N.W.2d 668

COUTURE v. GENERAL MOTORS CORPORATION

Michigan Court of Appeals.

Decided March 16, 1983.

Attorney(s) appearing for the Case

Davidson, Breen & Doud, P.C. (by Richard J. Doud), for plaintiff.

Braun, Kendrick, Finkbeiner, Schafer & Murphy (by E. Louis Agnisanti and Daniel J. Cline), for defendant.

Before: T.M. BURNS, P.J., and BEASLEY and K.N. HANSEN, JJ.

PER CURIAM.

Defendant, General Motors Corporation, appeals by leave granted from the Workers' Compensation Appeal Board's (WCAB) award of $24.40 in compensation and $1,500 in penalties in favor of plaintiff, Donald J. Couture. We affirm in part and reverse in part.

The issue for the Court is whether MCL 418.801(2); MSA 17.237(801)(2) allows the WCAB to impose a penalty for an employer's bad faith refusal to pay a claim.

When the WCAB has applied the...

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