Pierce v. Johnson

Pierce v. Johnson, 197 N.W.2d 109 (Mich. Ct. App. 1972)

Court: Michigan Court of Appeals · State Appellate Courts
Decided: February 28, 1972
Docket: No. 10984
Judges: Fitzgerald, Burns, Holbrook
Citations: 197 N.W.2d 10939 Mich. App. 671972 Mich. App. LEXIS 1395

Cited by 3

Opinion — Per Curiam

Per Curiam.

Plaintiff lost an eye when a pine needle pierced it while he was bailing Christmas *68 trees for defendant on November 24,1967. Plaintiff was 81 years old.

This appeal from the Workmen’s Compensation Appeal Board involves the interpretation of the act, more specifically MCLA 412.9(g); MSA 17.159(g), as amended in 1965.

“When an employee who is receiving weekly payments or is entitled to weekly payments reaches the age of 65, the weekly payments for each year following his sixty-fifth birthday shall be reduced by 5% of the weekly payments paid or payable at age 65, but not to less than 50% of the weekly benefit paid or payable at age 65; so that on his seventy-fifth birthday the weekly payments shall have been reduced by 50% ; after which there shall be no further reduction for the duration of the employee’s life. In no case shall weekly payments be reduced below the minimum weekly benefit as provided in this act.”

The board held that this particular section of the act did not apply to persons over the age of 65 at the time of passage of the amendment.

We agree. Affirmed. Costs to plaintiff.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 3 cases

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State Appellate Courts3

Relies on it most ⓘ

Lincoln v. General Motors Corp.586 N.W.2d 241 (Mich. Ct. App. 1998)
Freij v. ST. PETERS EVANGELICAL LUTHERAN CHURCH250 N.W.2d 78 (Mich. Ct. App. 1976)
Welch v. Westran Corp.205 N.W.2d 828 (Mich. Ct. App. 1973)

Most recent

Lincoln v. General Motors Corp.586 N.W.2d 241 (Mich. Ct. App. 1998)
Freij v. ST. PETERS EVANGELICAL LUTHERAN CHURCH250 N.W.2d 78 (Mich. Ct. App. 1976)
Welch v. Westran Corp.205 N.W.2d 828 (Mich. Ct. App. 1973)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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