West v. Barton-Malow Co.

Per Curiam:.

The Appeal Board and the Court of Appeals erred in summarily relying upon McDonald v Kelly Coal Co, 335 Mich 325; 55 NW2d 851 (1952), to deny plaintiff dependent’s death benefits. McDonald is readily distinguishable from the instant case. A review of the particular facts in this case reveals that plaintiff was a dependent of the deceased within the meaning of Part II, § 6 of the Workmen’s Act.1

On January 9, 1967, Clarence West died as a result of injuries sustained in the course of his employment with Barton-Malow Construction Company. Plaintiff, Alzalee West, made claim for…