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FITTS v. CITY OF DETROIT WATER DEPT.

Docket No. 183611.

554 N.W.2d 65 (1996)

218 Mich. App. 558

Robert L. FITTS, Plaintiff-Appellant, v. CITY OF DETROIT WATER DEPARTMENT and Second Injury Fund, Defendants-Appellees.

Court of Appeals of Michigan.

Decided August 30, 1996, at 9:05 a.m.

Released for Publication October 15, 1996.

Attorney(s) appearing for the Case

Dietrich & Cassavaugh, P.C. by George A. Cassavaugh, Jr., Detroit, for Robert L. Fitts.

Phyllis A. James, Corporation Counsel, Terri L. Renshaw, Deputy Corporation Counsel, and Toni S. Wingate, Assistant Corporation Counsel, for City of Detroit.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Joseph M. Binno, Assistant Attorney General, for Second Injury Fund.

Before GRIFFIN, P.J., and BANDSTRA and M. WARSHAWSKY, JJ.

ON REMAND

PER CURIAM.

Plaintiff appeals an order of the Worker's Compensation Appellate Commission that affirmed a magistrate's decision that plaintiff's petition for benefits was untimely. Because we agree with plaintiff that his petition for benefits was timely, we reverse and remand for further proceedings.

I

Plaintiff began working for defendant city in 1961. In 1980, he was promoted to foreman.

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