Fitzgerald v. Challenge-Cook Bros., Inc.

This is an appeal from an order apportioning an award by Ray Fitzgerald, the plaintiff, from a third-party tortfeasor between the plaintiff and Michigan Mutual Insurance Company, the plaintiff’s employer’s workmen’s compensation carrier. Both the plaintiff and the insurer appeal as of right.

On May 31, 1972, plaintiff was injured during the course of his employment. He received workmen’s compensation benefits for a total of 93 weeks under MCLA 418.361; MSA 17.237(361), totaling $7,842. Plaintiff also received from Michigan Mutual reasonable medical and rehabilitative expenses of $691.95.…