Koschay v. Barnett Pontiac, Inc.

Submission of this granted appeal from the administrative denial of workmen’s compensation has concentrated our attention, not upon the merits of plaintiff’s claim but upon a developing misunderstanding of the statutorily assigned function of the appeal board and that of the appellate courts when review is obtained pursuant to original § 12 of procedural part 3 of the statute. 1 The issue here is the same as in 1919 Borck v. Simon J. Murphy Co., 205 Mich 472, where the appellant claimant challenged the Industrial Accident Board’s opinion. That opinion was quoted by the Court at 473:

“ ‘Without…