Gusler v. Fairview Tublar Products, Docket No. 43105
| Decision Date | 17 July 1979 |
| Docket Number | Docket No. 43105 |
| Parties | Karen GUSLER, Plaintiff-Appellee, v. FAIRVIEW TUBULAR PRODUCTS and Farm Bureau Insurance Group, Defendants- Appellants. 92 Mich.App. 164, 284 N.W.2d 487 |
| Court | Court of Appeal of Michigan — District of US |
[92 MICHAPP 164] John Davidson, Saginaw, for defendants-appellants.
Fred E. Foster, Gaylord, for plaintiff-appellee.
[92 MICHAPP 165] Before R. B. BURNS, P. J., and HOLBROOK, Jr. and BURDICK, * JJ.
Defendants appeal by leave granted a determination of the Workmen's Compensation Appeal Board awarding plaintiff $96 weekly in benefits pursuant to the provisions of M.C.L. § 418.355; M.S.A. § 17.237(355). Working fulltime plaintiff had an average gross earning of $96 per week prior to her work-related disability.
On appeal defendants contend they are only liable to plaintiff to the extent of $64 per week or two-thirds of plaintiff's wage loss, which is the amount they had been paying.
Defendants take exception to this Court's decision in Jollif v. American Advertising Distributors, Inc., 49 Mich.App. 1, 211 N.W.2d 260 (1973), Lv. den. 391 Mich. 780 (1974), and ask us to repudiate same.
The above we decline to do. Defendants' remedy, if any, lies with the Legislature and not this Court.
Affirmed. No costs, interpretation of a statute being involved.
* BENJAMIN D. BURDICK, retired 3rd Judicial Circuit, sitting on Court of Appeals by assignment pursuant to Const.1963, Art. 6, Sec. 23, as amended 1968.
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...weekly rates. Several years later, a different Court of Appeals panel affirmed the Jolliff opinion in Gusler v. Fairview Tubular Products, 92 Mich.App. 164, 284 N.W.2d 487 (1979). On appeal to this Court, we ruled in Gusler that the minimum rates provided for in Sec. 351 4 were not subject ......
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Gusler v. Fairview Tubular Products
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...20, 1979. ORDER On order of the Court, the application for leave to appeal is considered, and it is GRANTED. (Decision below: 92 Mich.App. 164, 284 N.W.2d 487.) The parties are directed to include among the issues to be briefed whether the cost of living increases in workers' disability com......
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Gusler v. Fairview Tubular Products, 63538
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