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RIDGE v. HOLLAND MOTOR EXPRESS

Docket No. 141551.

201 Mich. App. 505 (1993)

506 N.W.2d 593

RIDGE v. HOLLAND MOTOR EXPRESS

Michigan Court of Appeals.

Decided September 20, 1993, at 9:05 A.M.

Attorney(s) appearing for the Case

Chambers, Steiner, Mazur, Ornstein & Amlin, P.C. (by Lisa A. Klaeren and Douglas A. Merrow), for the plaintiff.

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

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

CONNOR, J.

Defendant appeals by leave granted a decision of the Workers' Compensation Appeal Board. We reverse.

Plaintiff was a truck driver for defendant. When he was fifty-seven years old, plaintiff left his job and began receiving retirement benefits from his labor union's pension fund. A magistrate found that the retiree presumption in MCL 418.373; MSA 17.237(373) applied. The magistrate also found that plaintiff had successfully rebutted the presumption...

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