Jones v. Dee Cramer, Inc

Defendant, the Second Injury Fund, appeals by leave granted that part of the decision of the Workers’ Compensation Appeal Board which held that the two-year-back rule, MCL 418.381(2); MSA 17.237(381)(2), was waived by defendant’s failure to raise the rule during the hearing on plaintiffs petition before the hearing referee. We reverse and remand.

Plaintiff severely injured his back on August 14, 1973, while installing a compressor in an air conditioning unit. Plaintiff received an electrical shock that caused him to fall backwards onto his back and buttocks. Plaintiffs employer voluntarily…