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EVANS v. U.S. RUBBER CO.

Calendar No. 2, Docket No. 51,475.

379 Mich. 457 (1967)

152 N.W.2d 641

EVANS v. UNITED STATES RUBBER COMPANY.

Supreme Court of Michigan.

Rehearing denied November 6, 1967.

Reconsideration denied December 21, 1967.

Attorney(s) appearing for the Case

Zwerdling, Miller, Klimist & Maurer (Bruce A. Miller and Norton J. Cohen, of counsel), for plaintiff.

Lacey & Jones (E.R. Whinham, Jr., of counsel), for defendant.

Amicus Curiae:

Stephen I. Schlossberg, John A. Fillion, Bernard F. Ashe, Jordan Rossen and Michael S. Friedman, for United Auto Workers.

DETHMERS, C.J.

This is a workmen's compensation case. Two questions are presented. (1) Is plaintiff, pursuant to the provisions of article 6, § 28, Michigan Constitution of 1963, entitled to an appeal as of right to the Court of Appeals from the decision of the workmen's compensation appeal board? (2) When plaintiff employee sustained a physical injury arising out of and in the course of his employment at common labor and, after a 5-month lay-off and treatment...

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