Michigan Court of Appeals, 1979

Gusler v. Fairview Tubular Products

Gusler v. Fairview Tubular Products
Michigan Court of Appeals · Decided July 17, 1979 · Burdick, Burns, Holbrook
92 Mich. App. 164; 284 N.W.2d 487; 1979 Mich. App. LEXIS 2327

Gusler v. Fairview Tubular Products

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.