Piwowarski v. Detroit Sulphite Pulp & Paper Co.

The issue in this case is whether the "one-year-back rule”1 limits the obligation of the Second Injury Fund2 to pay this plaintiff benefits for the total and permanent disability of her decedent.3 To decide this question, we must first determine whether a request that benefits be paid for total and permanent disability is a request for "further compensation”, where the benefits previously paid were specific-loss benefits.4

I

In late 1948, plaintiff’s decedent lost his right hand and three fingers of his left hand in an industrial accident. He received specific-loss benefits for his injuries. In…