McDonald v. Holland Motor Express, Inc

Defendant appeals by leave granted a May 21, 1991, order of the Workers’ Compensation Appeal Board that reversed a hearing referee’s decision denying plaintiffs claim for benefits because of his failure to rebut the retiree presumption of § 373(1) of the Workers’ Disability Compensation Act, MCL 418.373(1); MSA 17.237(373)(1). The wcab concluded that the retiree presumption did not apply. We reverse.

Plaintiff began working as a truck driver for defendant in February 1959. On December 11, 1979, he injured his back when he fell between a loading dock and the rear of a trailer. Plaintiffs last…