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McDONALD v. HOLLAND MOTOR EXPRESS

Docket No. 141701.

201 Mich. App. 285 (1993)

506 N.W.2d 234

McDONALD v. HOLLAND MOTOR EXPRESS, INC

Michigan Court of Appeals.

Decided March 31, 1993.

Approved for publication August 18, 1993, at 9:05 A.M.

Attorney(s) appearing for the Case

McCroskey, Feldman, Cochrane & Brock, P.C. (by J. Walter Brock), for the plaintiff.

Smith, Haughey, Rice & Roegge (by Lance R. Mather), for the defendant.

Before: McDONALD, P.J., and REILLY and FITZGERALD, JJ.

PER CURIAM.

Defendant appeals by leave granted a May 21, 1991, order of the Workers' Compensation Appeal Board that reversed a hearing referee's decision denying plaintiff's claim for benefits because of his failure to rebut the retiree presumption of § 373(1) of the Workers' Disability Compensation Act, MCL 418.373(1); MSA 17.237(373)(1). The WCAB concluded that the retiree presumption did not apply. We reverse.

Plaintiff began working as a truck driver...

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