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DERR v. MURPHY MOTORS FREIGHT LINES

Docket No. 95074, Calendar No. 1.

550 N.W.2d 759 (1996)

452 Mich. 375

George J. DERR, Plaintiff-Appellant, v. MURPHY MOTORS FREIGHT LINES and Carrier Insurance Company and Michigan Property & Casualty Guaranty Association, Defendants-Appellees.

Supreme Court of Michigan.

Decided July 16, 1996.

Order Amending Decision on Rehearing September 16, 1996.

Attorney(s) appearing for the Case

Zamler, Mellen & Shiffman, P.C. by Donald Shiffman, Southfield, (Daryl Royal, Dearborn, of counsel), for plaintiff.

Lacey & Jones by Gerald M. Marcinkoski, Birmingham, for defendants.

Sweeney, Sullivan, Esper & Associates, P.C. by J. Timothy Esper and Joel W. Jonas, Detroit, for Amicus Curiae Michigan Teamsters Joint Council No. 43.

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

MALLETT, Justice.

In this worker's compensation case, we must determine whether the Worker's Disability Compensation Act requires that benefits be reinstated when an offer of reasonable employment that was unreasonably refused is withdrawn by a plant closing. Because the Court of Appeals failed to give effect to the act's requirement that benefits be denied during the period of unreasonable refusal and no longer, we would...

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