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BRECHT v. SAVE-WAY FOOD CENTER

Docket No. 61681, (Calendar No. 2).

407 Mich. 743 (1980)

288 N.W.2d 576

BRECHT v. SAVE-WAY FOOD CENTER

Supreme Court of Michigan.

Decided March 4, 1980.

Attorney(s) appearing for the Case

Sablich, Ryan, Dudley, Rapaport & Bobay, P.C., for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Joseph M. Binno, Assistant Attorney General, for Second Injury Fund.

Decided March 4, 1980. Rehearing denied 408 Mich. 1109.

KAVANAGH, J.

This is an appeal from a Worker's Compensation Appeal Board decision ordering the Second Injury Fund to pay plaintiff differential benefits commencing 4-1/2 years prior to the date she filed her application for benefits. The Second Injury Fund argues that the two-year-back rule provision in MCL 412.15; MSA 17.165, currently MCL 418.381(2); MSA 17.237(381)(2), precludes the retroactive award...

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