Maki v. Hanna Iron Ore Division of National Steel Corp., Docket No. 6408
| Decision Date | 01 June 1970 |
| Docket Number | Docket No. 6408,No. 3,3 |
| Citation | 24 Mich.App. 258,180 N.W.2d 121 |
| Parties | Richard MAKL, Plaintiff-Appellee, v. HANNA IRON ORE DIVISION OF NATIONAL STEEL CORPORATION, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Humphrey & Weis, Ironwood, for appellant.
Santini, Jacobs & McDonald, Ironwood, for appellee.
Before FITZGERALD, P.J., and J. H. GILLIS and O'HARA, * JJ.
On March 14, 1966, plaintiff Richard Maki, while working as a stope miner for the defendant National Steel Corporation, fell on his right shoulder, injuring his arm and hand. National paid him compensation until he returned to work on April 4, 1966. On that date, plaintiff requested that he be returned to the mines to work as a stope miner--a job he had held without complaint for 36 years. As a stope miner, plaintiff's average weekly earnings were $186. National refused and assigned plaintiff to work as a lunchroom attendant, earning $101.24 per week. On December 10, 1966, plaintiff was given work as a fuse cutter, again earning $101.24 per week.
Plaintiff filed a claim for workmen's compensation and asserted that residuals to his right shoulder, right arm, and hand prevented him from working as a stope miner; and that, as a result of his fall, he had been transferred to his new tasks, suffering a loss of wages. His claim was for differential compensation benefits. Before the hearing referee, plaintiff testified that his right hand was numb as a result of the fall; and that this condition interfered with his work as a fuse cutter. There was also testimony which tended to show that because of such numbness plaintiff would have been unable to work as a stope miner, had defendant given him the opportunity to do so.
The hearing referee found as a fact that plaintiff had suffered a reduction in wageearning capacity as a result of injuries sustained on March 14, 1966. Accordingly, plaintiff was awarded compensation benefits. The workmen's compensation appeal board affirmed the award, and defendant appeals.
On appeal, defendant seeks reversal of the award on the ground that plaintiff failed to establish a causal connection between the injuries sustained on March 14, 1966 and plaintiff's disability for work as a stope miner. Defendant argues that plaintiff was transferred to lesser paying jobs for reasons wholly unrelated to the accident of March 14. We are told in its brief that plaintiff was assigned to less hazardous work 'because of previous loss of sight of one eye, loss of hearing in one ear and other age disabilities and not because of any disability due to personal injury.'
Whether plaintiff's loss of earnings was causally related to the accident of March 14, 1966, is a question of fact for determination by the fact finder. As stated in Scroggins v. Corning Glass Company (1969), 382 Mich. 628, 630, 172 N.W.2d 367, 368:
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Lyczynski v. Mohawk Lumber & Supply Co.
...is any evidence to support the award. Mitchell v. Metal Assemblis, Inc. (1967), 379 Mich. 368, 151 N.W.2d 818; Maki v. Hanna Ore Division (1970), 24 Mich.App. 258, 180 N.W.2d 121; Scroggins v. Corning Glass Company (1969), 382 Mich. 628, 172 N.W.2d 367; M.C.L.A. § 413.12 (Stat.Ann.1968 Rev.......
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Fischer v. Lincoln Tool & Die Co.
...found that plaintiff was upon a public sidewalk at the time of his injury. We are bound by this finding. Maki v. Hanna Iron Ore Division, 24 Mich.App. 258, 180 N.W.2d 121 (1970); M.C.L.A. § 418.861; M.S.A. § 17.237 (861). Thus the question on appeal is a question of law: Does an employee in......