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MILES v. RUSSELL MEMORIAL HOSP

Docket No. 150907.

202 Mich. App. 6 (1993)

507 N.W.2d 784

MILES v. RUSSELL MEMORIAL HOSPITAL

Michigan Court of Appeals.

Decided October 5, 1993, at 9:05 A.M.

Attorney(s) appearing for the Case

DuBois, Westerman & Cooper (by Robert T. Westerman and Robert W. Grzech), for Charles Miles.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Caleb B. Martin, Jr., Assistant Attorney General, for the Second Injury Fund.

Before: FITZGERALD, P.J., and TAYLOR and CONNOR, JJ.

PER CURIAM.

By leave granted, the Second Injury Fund appeals a March 6, 1992, opinion and order of the Workers' Compensation Appellate Commission, one member dissenting, reversing the decision of a magistrate and declaring that § 373 of the Workers Disability Compensation Act, MCL 418.373; MSA 17.237(373), (the retiree presumption) is not applicable to plaintiff. The commission correlatively affirmed the magistrate's determination that plaintiff suffered a disabling...

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