Zytkewick v. Ford Motor Co.

I am unable to concur in the opinion of Mr. Chief Justice Butzel. In this case, as in all other compensation cases, claimant must produce affirmative evidence to sustain the burden of proof that decedent suffered an accidental injury arising out of and in the course of his employment. The law applicable to the facts in this case is well stated in Wiltse v. Borden’s Farm Products Company, 328 Mich 257, where we again quoted and approved of the following (p 265):

“‘(1) The burden of proving a right to compensation is on the party asserting that right. Pucilowski v. Packard Motor Car Co., 278…