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12/03/75 NIEKRO v. BRICK TAVERN

December 3, 1975

NIEKRO
v.
THE BRICK TAVERN



Appeal from Workmen's Compensation Appeal Board.

Leave to appeal applied for.

Danhof, P. J., and McGregor and N. J. Kaufman, JJ.

SYLLABUS BY THE COURT

1. Workmen's Compensation -- Statutes -- Statements of Employees -- Retroactivity.

A workmen's compensation statute governing the use in evidence of statements made by injured employees, which was in effect at the time of the injury and which has since been superseded, is the proper statute to be used to determine the rights of the parties where the current statute was not intended to apply retroactively (MCLA 413.5a, 418.855, 418.891[3]; MSA 17.179, 17.237[855], 17.237[891][3]).

2. Workmen's Compensation -- Statutes -- Liberal Interpretation.

Workmen's compensation acts, passed as remedial legislation to alleviate social and economic problems of workers, are to be given a liberal interpretation.

3. Workmen's Compensation -- Workmen's Compensation Act -- Workmen's Compensation Appeal Board -- Legal Conclusions -- Appeal and Error.

A reviewing court has the duty and authority to correct any erroneous legal Conclusions arrived at by the Workmen's Compensation Appeal Board in the board's interpretation of the Workmen's Compensation Act.

4. Workmen's Compensation -- Statutes -- Statements of Employees -- Use of Statements -- Testimony Regarding Statements.

A statute which prohibits the use in a workmen's compensation proceeding of a statement made by an injured employee unless the employee was given a copy of the statement at the time he made it is directed toward any future use of the statement and is not dependent upon whether a suit was started or contemplated when the statement was given; testimony by an insurance adjuster who took a statement from an injured party pertaining to the statement is also precluded by the statute (MCLA 413.5a; MSA 17.179).

5. Workmen's Compensation -- Workmen's Compensation Appeal Board -- Statements of Employees -- Use of Statements.

The Workmen's Compensation Appeal Board's improper use of a statement of an injured party as evidence against him, including the indirect use of the statement through testimony of the insurance adjuster who took the statement, is reversible error.

6. Workmen's Compensation -- Workmen's Compensation Appeal Board -- Finding of Fact -- Proper ...


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