Opinion
Calendar No. 14, Docket No. 51,158.
Decided June 8, 1966.
Appeal from Workmen's Compensation Appeal Board. Submitted November 4, 1965. (Calendar No. 14, Docket No. 51,158.) Decided June 8, 1966.
Catherine M. Pevarnic presented a claim for compensation against Northwestern Leather Company and Liberty Mutual Insurance Company for back injuries sustained in employment. Defendants' motion to dismiss granted. Affirmed by Workmen's Compensation Appeal Board. Plaintiff appeals. Order denying compensation vacated and cause remanded with instructions.
Goodman, Crockett, Eden, Robb Philo ( Morton A. Eden and William H. Goodman, of counsel), for plaintiff.
Burney C. Veum, for defendants.
This case may be controlled by Autio v. Proksch Construction Co., 377 Mich. 517.
In this case the referee and the appeal board based their decisions exclusively on overruled Hajduk v. Revere Copper Brass, Inc., 268 Mich. 220, and its absolute 6-year limitation. Neither reached the question of whether the employer was given notice of or had knowledge of the happening of injury or accident. No specific finding of fact was made as to whether a report of injury was filed by the employer with the compensation department. The injury occurred on January 7, 1954, and claim was filed on June 9, 1961.
See CL 1948, § 412.15 (Stat Ann 1950 Rev § 17.165), as amended by PA 1954, No 175. — REPORTER.
See CL 1948, § 412.15 (Stat Ann 1950 Rev § 17.165), as amended by PA 1954, No 175. — REPORTER.
The order of the appeal board affirming the grant of the motion to dismiss by reason of the operation of the 6-year limitation is vacated. The case is remanded to the appeal board for these findings of fact, either under the record as made before the referee or under such further testimony as the appeal board may determine is necessary.
No costs, construction of a statute being involved.
T.M. KAVANAGH, C.J., and SOURIS, SMITH, and ADAMS, JJ., concurred with O'HARA, J.
A majority of the Court having voted ( Autio v. Proksch Construction Co., 377 Mich. 517) to overrule with wholly retroactive effect the six-year limitational rule found in Hajduk v. Revere Copper Brass, Inc., 268 Mich. 220, and all cases following Hajduk, I vote to reverse and remand, with no award of costs.
The order of the appeal board affirming the referee's dismissal on the ground that the 6-year period of limitation had run before filing of the claim should be affirmed for reasons stated in Hajduk v. Revere Copper Brass, Inc., 268 Mich. 220, Ardelian v. Ford Motor Company, 272 Mich. 117, and the opinion of this writer in Autio v. Proksch Construction Company, 377 Mich. 517, 550.
KELLY, J., concurred with DETHMERS, J.