Gilmer v. General Motors Corp.
Gilmer v. General Motors Corp.
Opinion of the Court
This is an appeal by leave from a decision of the Workmen’s Compensation Appeal Board reversing a referee’s denial of compensation benefits and awarding plaintiff continuing disability compensation benefits for physical and psychological disability arising out of his employment. The appeal board’s opinion was signed by two of the five board members. Three members concurred in result only. The order awarding benefits was signed by all five members. The sole issue on appeal is whether a majority of the five-member board must join in a written opinion.
MCLA 418.261; MSA 17.237(261) provides in part:
"A matter pending on review shall be assigned to a panel of 5 members of the board for disposition. * * * The decision reached by a majority of the assigned 5 members shall be the final decision of the board. If a majority of the assigned 5 members are unable to agree, the matter shall be reviewed by the entire workmen’s compensation appeal board.”
The board’s order, not its written opinion, is its final decision under this section. Kozlowski v Chrysler Corp, 54 Mich App 100; 220 NW2d 319
Under MCLA 418.861; MSA 17.237(861), this Court is empowered to review questions of law involved in a final order of the board.
The opinion of the board in the case at bar satisfies the McClary requirement. The legal standard, testimony adopted and conclusion reached were meticulously set out in member Marshall’s opinion. Thus, this Court has a basis for reviewing any question of law raised by the case at bar.
Affirmed. Costs to appellee.
The board’s findings of fact are conclusive, absent fraud. MCLA 418.861; MSA 17.237(861).
Appellant does not contend and we do not find that the board applied an erroneous legal standard.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.