Cruz v. Chevrolet Grey Iron Division of General Motors Corp.

This is an appeal on leave granted from a decision of the Workmen’s Compensation Appeal Board. Appellant challenges a section of the Workmen’s Compensation Act (MCLA 418.357; MSA 17.237[357]) providing for a reduction in payments to employees over the age of 65. Appellant is contesting the board’s interpretation of the statute and the constitutionality of the statute alleging a denial of equal protection.

The facts are not in dispute. On October 26, 1971, the hearing referee found that Mr. Cruz, appellant herein, had been totally disabled as a result of silico-tuberculosis caused by exposure…