Legal Opinion · Dissent

Page v. Asplundh Tree Expert Co

Michigan Court of Appeals

Decided July 23, 1979No. Docket 78-1940Published

1DissentJ. H. Gillis, J.

The facts are accurately set forth in Judge Kaufman’s opinion. At the time of plaintiffs injury, compensation benefits for a general disability were payable for only 500 weeks. In order to qualify for additional benefits, it was incumbent upon plaintiff to show that he was totally and permanently disabled within the meaning of § 361 of the Worker’s Disability Compensation Act.

"Total and permanent” is a term of art in Michigan and is defined to mean any of the following conditions:

"(a) Total and permament loss of sight of both eyes.
"(b) Loss of both legs or both feet at or above the ankle.
"(c)…

2Cases cited4 opinions

  1. Hlady v. Wolverine Bolt Co.Michigan Supreme Court · 1975
  2. White v. Michigan Consolidated Gas Co.Michigan Supreme Court · 1958
  3. Stokes v. LAKEY FOUNDRY CORPORATIONMichigan Court of Appeals · 1969
  4. Benefield v. W. R. Grace Co.Michigan Court of Appeals · 1971

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