Legal Opinion · Dissent

Higgins v. Monroe Evening News

Michigan Court of Appeals

Decided August 3, 1976No. Docket 23605, 23812Published

1DissentT. M. Burns, P. J.

I respectfully dissent.

*416I

Both the workmen’s compensation referee and the appeal board found that the plaintiff was an employee of Frank Handler who was an employee of Robert Edwards who was an independent contractor hired by the defendant to deliver its papers.

Michigan Const 1963, art 6, § 28 provides that, "[findings of fact in workmen’s compensation proceedings shall be conclusive in the absence of fraud unless otherwise provided by law”.

Not providing otherwise, legislative mandate requires that "findings of fact made by the board acting within its powers, in the absence of fraud, shall be…

2Cases cited2 opinions

  1. Manistee Bank & Trust Co. v. McGowanMichigan Supreme Court · 1975
  2. Hawley v. General Motors Corp.Michigan Court of Appeals · 1976

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