VIELE v. DCMA

Docket No. 93329.

167 Mich. App. 571 (1988)

423 N.W.2d 270

VIELE v. DCMA

Michigan Court of Appeals.

Decided April 4, 1988.


Attorney(s) appearing for the Case

Marshall Lasser, for plaintiff.

Conklin, Benham, Ducey, Ottaway, Listman & Chuhran, P.C. (by Martin L. Critchell), for Great Lakes Steel.

Law Offices of Gofrank & Kelman (by Paul J. Palgut), for Fishbach & Natkin and Travelers Insurance Company.

LeVasseur, Egan, Leslie & Johnson, P.C. (by Denice M. LeVasseur), for Southwest Marine, Inc.

Before: WAHLS, P.J., and J.H. GILLIS and C.W. SIMON, JR., JJ.


C.W. SIMON, JR., J.

Plaintiff Robert Viele appeals by leave granted from a decision of the Workers' Compensation Appeal Board dismissing his claim for disability benefits against defendants Great Lakes Steel and Southwest Marine, Inc., after finding that the doctrine of res judicata barred plaintiff's claim. Southwest Marine cross-appeals seeking a remand to the WCAB if its decision is reversed. We reverse and remand.

On December 12, 1983, plaintiff, in propria...

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