Whitt v. Brunswick-Balke-Collender Co.

Plaintiff brings this appeal from an order of the workmen’s compensation appeal hoard, dated April 23, 1964, which limited his recovery for a permanent disability (pulmonary emphysema) arising out of and in the course of his employment with the defendant-employer, to the $10,500 maximum amount specified in CLS 1961, § 417.4 (Stat Ann 1960 Rev § 17.223). First, plaintiff attacks the constitutionality of the $10,500 limitation. This question has been decided adversely to plaintiff’s position. McDaniel v. Campbell, Wyant & Cannon Foundry (1962), 367 Mich 356. Next, plaintiff contends that the…