Pike v. City of Wyoming

In this workers’ compensation case the plaintiff’s benefit award was increased due to a determination that his wife was a dependent at the time of his injury. The determination was not *592based on fact finding, but on § 353(lXsO(i)1 of the Workers’ Disability Compensation Act,2 which provides that the wife of an injured employee who lives with him "shall be conclusively presumed to be dependent . . . Subsequently, in Day v W A Foote Memorial Hosp, 412 Mich 698; 316 NW2d 712 (1982), this Court struck down as unconstitutional a similar gender-based presumption of a widow’s dependency set forth in…