Brecht v. Save-Way Food Center

This is an appeal from a Worker’s Compensation Appeal Board decision ordering the Second Injury Fund to pay plaintiff differential benefits commencing 4-1/2 years prior to the date she filed her application for benefits. The Second Injury Fund argues that the two-year-back rule provision in MCL 412.15; MSA 17.165, currently MCL 418.381(2); MSA 17.237(381X2), precludes the retroactive award of benefits for any period which antedates the filing of plaintiff’s application by two years.

We hold that the two-year-back rule is inapplicable to this case, and affirm.

I

Plaintiff Marjorie Brecht suffered…