Martin v. Somberg-Berlin Metals Co.

This is an appeal from a Worker’s Compensation Appeal Board decision ordering the Second Injury Fund to pay differential benefits to plaintiff from seven years prior to the date he filed his application for benefits. The Second Injury Fund argues that the "one-year-back” rule in MCL 413.14; MSA 17.188, currently, MCL 418.833(1); MSA 17.237(833)(1), precludes the retroactive award of benefits for any period which antedates the filing of plaintiff’s application by one year.

*739We hold that the one-year-back rule is inapplicable to this case and affirm.

I

Preston Martin has been receiving total…