Bieber v. Keeler Brass Company

On August 13, 1984, Edward Bieber, Jr. (plaintiff) was injured during his employment with Keeler Brass Company (Keeler) (defendant). Bieber claimed workers’-compensation benefits, which were voluntarily paid to him by Keeler until May 1985. Bieber was then injured in a non-work-related accident, and he never returned to work. Bieber applied for workers’-compensation benefits in February 1988 and was denied. The magistrate dismissed Bieber’s petition pursuant to § 381(1) of the Worker’s Disability Compensation Act for failure to file a second claim within two years of his last day of employment. The Worker’s Compensation Appellate Commission (WCAC) affirmed the magistrate’s dismissal, and Bieber appealed. In another case, on September 18, 1985, John Barnard (plaintiff) was injured during his employment with Acco Babcock, Inc. (defendant) and returned to work in February 1986. About two days after Barnard’s injury, he requested workers’-compensation benefits, which he received voluntarily from Acco Babcock until he returned to work. Thereafter, Barnard missed more work and again received benefits for that period of time voluntarily from Acco Babcock. Barnard then returned to perform light-duty work until he was laid off in December 1987. Barnard applied for workers’-compensation benefits in April 1990. The magistrate found that Barnard was not barred from receiving benefits pursuant to § 381(1) of the Worker’s Disability Compensation Act. The WCAC affirmed the magistrate’s decision. Acco Babcock appealed. Bieber’s and Barnard’s cases were consolidated on appeal.