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05/18/76 EPPS v. MERCY HOSPITAL

May 18, 1976

EPPS
v.
MERCY HOSPITAL



Appeal from Workmen's Compensation Appeal Board.

Leave to appeal denied, 397 Mich .

D. E. Holbrook, P. J., and Bronson and D. C. Riley, JJ.

SYLLABUS BY THE COURT

1. Workmen's Compensation -- Appeal Board -- Findings of Fact -- Appeal and Error -- Statutes.

Findings of fact made by the Workmen's Compensation Appeal Board are conclusive in the absence of fraud; therefore, where there is no substantiation of a claim of fraud, the Court of Appeals is limited to determining if there was any evidence to support the findings of the board which are in issue (Const 1963, art 6, § 28, MCLA 418.861; MSA 17.237[861]).

2. Workmen's Compensation -- Statute of Limitations -- Tolling of Statute of Limitations -- Statutes.

An employee seeking workmen's compensation benefits for a work-related injury must make a claim for compensation within six months of the occurrence of the injury; however, the statute of limitations is tolled where an employer was given proper notice of the employee's injury, but failed to file the necessary report with the bureau of workmen's compensation (MCLA 418.381; MSA 17.237[381]).

3. Workmen's Compensation -- Medical and Hospital Expenses -- Timely Claims -- Statute of Limitations.

A claim for medical and hospital expenses which arises out of a work-related injury is a claim for workmen's compensation and, if timely made, satisfies the statutory provision which requires that a workmen's compensation claim be made within six months of the time of the injury.

4. Workmen's Compensation -- Medical Expenses -- Reimbursement -- Remand.

A workmen's compensation case will be remanded to the Workmen's Compensation Appeal Board for a determination as to who paid for a claimant's medical and hospital expenses and who is entitled to reimbursement.

The opinion of the court was delivered by: Holbrook

Claim by Flora Belle Epps against Mercy Hospital and Employers Commercial Union for workmen's compensation benefits. Benefits granted. Defendants appeal by leave granted.

Defendants appeal by leave from a February 28, 1975, decision and order of the Workmen's Compensation Appeal Board (hereinafter called WCAB), affirming with modifications the order of the hearing referee directing that plaintiff be paid workmen's compensation benefits for total and ...


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