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PASCHKE v. RETOOL INDUSTRIES

Docket No. 96276, (Calendar No. 6).

445 Mich. 502 (1994)

519 N.W.2d 441

PASCHKE v. RETOOL INDUSTRIES

Supreme Court of Michigan.

Decided July 5, 1994.

Attorney(s) appearing for the Case

Goodman, Eden, Millender & Bedrosian (by Roderick V. MacNeal) for the plaintiff.

Lacey & Jones (by Gerald M. Marcinkoski) for the defendants.

Amici Curiae:

Conklin, Benham, Ducey, Listman & Chuhran, P.C. (by Martin L. Critchell), for Michigan Self-Insurers' Association.

Sachs, Waldman, O'Hare, Helveston, Hodges & Barnes, P.C. (by Theodore Sachs, Andrew Nickelhoff, and Granner S. Ries), for Michigan State AFL-CIO.

MALLETT, J.

This worker's compensation case comes to us following a reversal of an award by the Court of Appeals. The Court of Appeals found that plaintiff was judicially estopped from asserting his claim of total disability by previous assertions made to the Employment Security Commission that he was willing and able to work.

We reverse the decision of the Court of Appeals and find that plaintiff was not judicially...

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