Ramos v. Production Steel Co.

I agree that the WCAB must make further fact-finding in this case, but I do not agree with all that is said in the majority opinion. I, therefore, write separately.

By a three to two division, the majority of the WCAB concluded that plaintiff had knowledge of the injury for which he seeks compensation on April 23, 1971. The board then stated the test of Lewis v Chrysler Corp, 394 Mich 360; 230 NW2d 538 (1975), and concluded that plaintiff had failed to notify his employer of the injury in a timely manner under MCL 418.381; MSA 17.237(381). In so concluding, the WCAB erred.

Section 381 imposes…