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FRANKS v. WHITE PINE COPPER

Docket Nos. 70901, 71719, 71921. (Calendar Nos. 1-3).

422 Mich. 636 (1985)

375 N.W.2d 715

FRANKS v. WHITE PINE COPPER DIVISION CHAMBERS v. GENERAL MOTORS CORPORATION GOMEZ v. GENERAL MOTORS CORPORATION

Supreme Court of Michigan.

Decided October 7, 1985.

Attorney(s) appearing for the Case

Wisti, Jaaskelainen, Makinen & Goodman, P.C. (by Gordon J. Jaaskelainen), for plaintiff Franks.

Bockoff & Zamler, P.C. (by Daryl Royal) for plaintiff Chambers.

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

Vairo, Mechlin, Tomasi, Johnson & Manchester (by Paul J. Tomasi) for defendant White Pine Copper Division.

Bodman, Longley & Dahling (by Theodore Souris, Lloyd C. Fell, and Kim Michael Lavalle) (M.J. Basford, W.W. Wallace, and D.M. Davis, of counsel) for defendant General Motors Corporation in Chambers.

Braun, Kendrick, Finkbeiner, Schafer & Murphy (by E. Louis Ognisanti and Bruce L. Dalrymple) (M.J. Basford, W.W. Wallace, and D.M. Davis, of counsel) for defendant General Motors Corporation in Gomez.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Richard F. Zapala, Assistant Attorney General, for intervening defendant Director of the Bureau of Workers' Disability Compensation in Chambers.

Amici Curiae:

Lacey & Jones (by Gerald M. Marcinkoski) for Chrysler Corporation and Conklin, Benham, McLeod, Ducey & Ottaway, P.C. (by Martin L. Critchell), for Michigan Self-Insurers' Association in Chambers.

BOYLE, J.

I

INTRODUCTION

We granted leave in these consolidated cases arising under the Michigan Worker's Disability Compensation Act of 1969, MCL 418.101 et seq.; MSA 17.237(101) et seq., to consider the interpretation of two recently enacted "set off" or "coordination of benefits" provisions that became effective in 1982. In each of these cases, we must decide whether an employer may apply...

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