Kleinschrodt v. General Motors Corp.

Plaintiff urges in this worker’s compensation case that the Workmen’s Compensation Appeal Board erred iri denying benefits on the strength of MCLA 418.833; MSA 17.237(833),1 known as the one-year-back rule, because in its appeal defendant did not raise the one-year-back rule and expressly stated that the appeal was limited to whether the administrative law judge was correct in finding that plaintiff had lost the industrial use of his right hand. We agree with plaintiff and hold that the one-year-back provision is a defense which is waived if not raised before the appeal board.

Plaintiff…