Prince v. Saginaw Logging Co.

(dissenting) — The majority opinion holds (1) that the respondent employer, having acquiesced in the departmental decision by its failure to appeal, is concluded thereby and is therefore estopped from attacking it collaterally; and (2) that, as a consequence, the appellant workman is entitled to maintain, in the courts, a common law action for damages against the employer.

I am unable to agree with the majority upon either of these propositions.

I. The duty to appeal arises only when there is a right to appeal. A right to appeal from an order, decision or award of the department is given only…