Legal Opinion

Miller v. S. Fair & Sons

Michigan Supreme Court

Decided April 3, 1919No. Docket No. 64PublishedCited by 17 opinions

Certiorari to Industrial Accident Board. John Miller presented his claim for compensation against S. Fair & Sons for accidental injury in defendant’s employ. From an order awarding compensation in an insufficient amount, plaintiff brings certiorari.

1Opinion of the CourtOstrander, J.

Claimant was injured March 23, 1916. His average weekly wages were $12.70. The rate of compensation agreed upon by claimant and the insurance ■ company carrying the risk, and approved *361by the industrial accident board, was $6.35 per week, “subject to the terms of the act.” The statute, Act No. 10, Extra Session 1912, part 2 (2 Comp. Laws 1915, §§ 5439-5441), so far as it applies, reads:

“Sec. 9. While the incapacity for work resulting from the injury is total, the employer shall pay, or cause to be paid as hereinafter provided, to the injured employee, a weekly compensation equal to one-half…

2Cases cited3 opinions

  1. Foley v. Detroit United RailwayMichigan Supreme Court · 1916
  2. Mellen Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1913
  3. Jameson v. Walter S. Newhall Co.Michigan Supreme Court · 1918

3Cited by17 opinions

  1. Hebert v. Ford Motor Co.Michigan Supreme Court · 1938
  2. Medacco v. Campbell, Wyant & Cannon Foundry Co.Michigan Court of Appeals · 1973
  3. Haske v. Transport Leasing, Inc., IndianaMichigan Supreme Court · 1997
  4. Adair v. Metropolitan Building CoMichigan Court of Appeals · 1972
  5. Geis v. Packard Motor Car Co.Michigan Supreme Court · 1921

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