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CAIN v. WASTE MANAGEMENT INC.

Docket Nos. 242104, 242123.

674 N.W.2d 383 (2003)

259 Mich. App. 350

Scott M. CAIN, Plaintiff-Appellee, v. WASTE MANAGEMENT INC. and Transportation Insurance Co., Defendants-Appellants, and Second Injury Fund, Defendant-Appellee. Scott M. Cain, Plaintiff-Appellee, v. Waste Management Inc. and Transportation Insurance Co., Defendants-Appellees, and Second Injury Fund, Defendant-Appellant.

Court of Appeals of Michigan.

Decided November 6, 2003, at 9:10 a.m.

Released for Publication January 22, 2004.

Attorney(s) appearing for the Case

Pinsky, Smith, Fayette & Hulswit (by Edward M. Smith and Pamela K. Bratt), Grand Rapids, for the plaintiff.

Straub, Seaman & Allen, P.C. (by Daniel W. Grow and James M. Straub), St. Joseph, for Waste Management, Inc., and Transportation Insurance Company.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Gerald M. Marcinkoski, Special Assistant Attorney General, Birmingham, for the Second Injury Fund.

Before: COOPER, P.J., and FITZGERALD and KIRSTEN FRANK KELLY, JJ.

COOPER, P.J.

In Docket No. 242104, defendant Waste Management, Inc., and its insurer appeal by leave granted from a May 24, 2002, order of the Worker's Compensation Appellate Commission (WCAC), after remand from our Supreme Court, awarding plaintiff total and permanent disability benefits. In Docket No. 242123, defendant the Second Injury Fund (SIF), Total and Permanent Disability Provisions, appeals by leave granted from the same order. These appeals were consolidated...

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