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12/04/75 CARTER v. DETROIT BOARD EDUCATION

December 4, 1975

CARTER
v.
DETROIT BOARD OF EDUCATION



Appeal from the Workmen's Compensation Appeal Board.

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

SYLLABUS BY THE COURT

1. Workmen's Compensation -- Appeal Board -- Appeal and Error -- Discretion -- Evidence.

The Workmen's Compensation Appeal Board, on review of a referee's decision, has the discretion to hear additional evidence (MCLA 418.859; MSA 17.237[859]).

2. Workmen's Compensation -- Appeal Board -- Appeal and Error -- De Novo Review.

The Workmen's Compensation Appeal Board is not bound by the findings of fact made by the referee; the board's review of the referee's decision is de novo.

3. Appeal and Error -- Workmen's Compensation -- Appeal Board -- Appropriate Findings on Issues.

A remand to the Workmen's Compensation Appeal Board is necessary for appropriate findings on an issue where the issue was properly raised but it is not apparent from the record how the board decided it.

4. Workmen's Compensation -- Injury -- Arising Out of Employment -- But For Test.

A "but for" test should be used to determine whether an injury arises out of and in the course of the employment in the consideration of a workmen's compensation claim.

The opinion of the court was delivered by: Per Curiam

Claim by James Carter against the Detroit Board of Education for workmen's compensation. Award of compensation affirmed by the Workmen's Compensation Appeal Board. Defendant appeals by leave granted.

This is an appeal from a decision of the Workmen's Compensation Appeal Board [herein-after referred to as WCAB], which affirmed the referee's order of October 18, 1972. The referee awarded the plaintiff compensation because of a January 16, 1968 injury that caused the dislocation of the plaintiff's shoulder.

After applying for appeal to the WCAB on October 31, 1972, the defendant moved for the taking of additional testimony on September 4, 1974. In its motion, the ...


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