Gusler v. Fairview Tubular Products

Michigan Court of Appeals

Gusler v. Fairview Tubular Products

284 N.W.2d 487, 92 Mich. App. 164, 1979 Mich. App. LEXIS 2327

CourtMichigan Court of Appeals

DecidedJuly 17, 1979

DocketDocket No. 43105

StatusPublished

Cited by4 cases

This text of 284 N.W.2d 487 (Gusler v. Fairview Tubular Products) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gusler v. Fairview Tubular Products, 284 N.W.2d 487, 92 Mich. App. 164, 1979 Mich. App. LEXIS 2327 (Mich. Ct. App. 1979).

Pincite

Opinion

Per Curiam.

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 MCL 418.355; MSA 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 Jolliff v American Advertising Distributors, Inc, 49 Mich App 1; 211 NW2d 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.

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