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JAGER v. ROSTAGNO TRUCKING CO., INC.

Docket No. 259046.

728 N.W.2d 467 (2006)

Kenneth R. JAGER, Plaintiff, v. ROSTAGNO TRUCKING COMPANY, INC., and Accident Fund Insurance Company of America, Defendants-Appellants, and Silicosis, Dust Disease, and Logging Industry Compensation Fund, Defendant-Appellee.

Court of Appeals of Michigan.

Decided October 12, 2006, at 9:10 a.m.

Released for Publication January 17, 2007.

Attorney(s) appearing for the Case

Richard F. Zapala, Lansing, for Rostagno Trucking Company, Inc. and Accident Fund Insurance Company of America.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Dennis J. Raterink, Assistant Attorney General, for the Silicosis, Dust Disease, and Logging Industry Compensation Fund.

Before: FORT HOOD, P.J., and BANDSTRA, and DONOFRIO, JJ.

BANDSTRA, J.

Defendants-appellants Rostagno Trucking Company, Inc., and Accident Fund Insurance Company of America appeal by leave granted an order of the Workers' Compensation Appellate Commission (WCAC) that reversed the magistrate's decision to grant the Accident Fund reimbursement from defendant-appellee Silicosis, Dust Disease, and Logging Industry Compensation Fund (the Logging Fund) under § 531 of the workers' compensation act, MCL 418.531. Workers' compensation...

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