Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued April 5, 1983.
Decided August 22, 1983.
Attorney(s) appearing for the Case
Kelman, Loria, Downing, Schneider & Simpson (by Ann Curry Thompson) for the plaintiff.
Sommers, Schwartz, Silver & Schwartz, P.C. (by John F. Vos, III, and Richard D. Toth), for Phil's Quality Market and Buckeye Union Insurance Company.
Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Joseph M. Binno, Assistant Attorney General, for the Second Injury Fund.
Amicus Curiae:
Conklin, Benham, McLeod, Ducey & Ottaway,P.C. (by Martin L. Critchell), for Michigan Self-Insurers Association.
Supreme Court of Michigan.
BOYLE, J.
This workers' compensation case focuses on the interpretation of MCL 418.862; MSA 17.237(862),1 the so-called 70% provision. Specifically, we address the issue whether an employer (or its workers' disability compensation carrier) who has paid benefits to an employee during the appeal of a workers' compensation case may claim those payments as pre-payments or credit against the employer's ultimate liability or, stated conversely...
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