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01/27/76 FERGUS v. CHRYSLER CORPORATION (AFTER

January 27, 1976

FERGUS
v.
CHRYSLER CORPORATION (AFTER REMAND)



Appeal from the 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 -- Appeal Board -- Limited Review -- Findings of Fact.

Appellate court review of Workmen's Compensation Appeal Board decisions is limited to reviewing the record for errors of law; findings of fact by the board are conclusive in the absence of fraud and board decisions will be set aside only when they are contrary to law or not supported by competent, material and substantial evidence (Const 1963, art 6, § 28; MCLA 418.861; MSA 17.237[861]).

2. Workmen's Compensation -- Appeal Board -- Burden of Proof -- Trier of Fact -- Weight and Credibility of Testimony.

A plaintiff in workmen's compensation proceedings always bears the burden of showing compensability and a plaintiff's undisputed testimony does not automatically meet this burden since the Workmen's Compensation Appeal Board, as trier of fact, has wide discretion in ascribing weight and credibility to the testimony presented and in drawing reasonable inferences from such testimony.

3. Workmen's Compensation -- Appeal Board -- Weight of Testimony -- Credibility of Witness -- Expert Witness.

The Workmen's Compensation Appeal Board is within its power in ascribing little weight to a plaintiff's testimony where the plaintiff is found to be a credible witness but his testimony is stale and lacking in significant corroboration; the board is not obliged to accept or extend verity to any expert opinion.

4. Workmen's Compensation -- Appeal Board -- Limited Review -- Heart Disease -- Trier of Fact.

Appellate courts are constrained by their limited scope of review to defer to the Workmen's Compensation Appeal Board's own expertise in the area of the compensability of heart disease and to the board's role as fact finder.

The opinion of the court was delivered by: Per Curiam

Claim by James Fergus against Chrysler Corporation for workmen's compensation. Benefits denied by Workmen's Compensation Appeal Board. Plaintiff appealed. Affirmed, 45 Mich App 196 (1973). Plaintiff appealed to Supreme Court. Remanded to Workmen's Compensation Appeal ...


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