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WHITE v. WEINBERGER BUILDERS, INC.

Docket Nos. 55304, 55305, 55339, 55346.

397 Mich. 23 (1976)

242 N.W.2d 427

WHITE v. WEINBERGER BUILDERS, INC BOYKO v. CHRYSLER CORPORATION MOORHOUSE v. J D CANDLER ROOFING COMPANY, INC PITTS v. DAVISON-LINWOOD STANDARD STATION

Supreme Court of Michigan.

Decided June 4, 1976.

Attorney(s) appearing for the Case

Lopatin, Miller, Bindes & Freedman (by Michael A. Gantz), for plaintiff John B. White.

Marston, Sachs, O'Connell, Nunn & Freid (by Jeanne M. Nunn), for plaintiff John Boyko.

Sharples, Klein & Gale (by Charles G. Gale), for plaintiff Hansel O. Moorhouse.

Kelman, Loria, Downing, Schneider & Simpson (by Donald W. Loria), for plaintiff Roosevelt Pitts.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and A.C. Stoddard and David J. Watts, Assistants Attorney General, for the Second Injury Fund.

Amicus Curiae: E.R. Whinham, Jr. (Buell Doelle, of counsel), for the Michigan Self Insurers' Association.

FITZGERALD, J.

I would affirm the decisions of the Workmen's Compensation Appeal Board and the Court of Appeals. The Second Injury Fund should not be subjected to a separate, independent hearing to determine whether the fund is liable for differential payments when the claimant and employer redeem all alleged potential employer liability by entering into a negotiated settlement where employer liability has been neither admitted nor adjudicated.

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