Kushay v. Sexton Dairy Company
Michigan Supreme Court
228 N.W.2d 205, 394 Mich. 69 (1975)
- Written by Serena Lipski, JD
Facts
John Kushay (plaintiff) sustained severe work-related injuries while working for Sexton Dairy Company (Sexton) (defendant), causing permanent total disability. Because of his injuries, John spent 90 percent of his time in bed. When not in bed, John primarily used a wheelchair. John’s wife, Daisy Kushay, performed many services for John, including helping him dress, administering medication, changing his clothes, helping him to the bathroom, giving him enemas, clipping his toenails, and driving him to appointments. John sought payment for Daisy for these services. The Workmen’s Compensation Appeal Board denied the claim for payment, determining that Daisy’s services were only those any conscientious wife would give to her husband. John appealed, and the court of appeals denied leave to appeal. John appealed again. Sexton argued that the appeal board’s determination was a factual determination, not a legal determination, and therefore was binding in the absence of fraud.
Rule of Law
Issue
Holding and Reasoning (Levin, J.)
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