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Van Dorpel v. Haven-Busch Company

85 N.W.2d 97, 350 Mich. 135 (1957)

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Van Dorpel v. Haven-Busch Company

Michigan Supreme Court
85 N.W.2d 97, 350 Mich. 135 (1957)

Facts

Peter Van Dorpel (plaintiff) worked for Haven-Busch Company (Haven) (defendant) painting steel beams. On December 22, 1948, a steel beam fell on Van Dorpel, injuring his right hand and right leg. As a result, surgeons amputated Van Dorpel’s right leg beneath the knee and four fingers of Van Dorpel’s right hand. Van Dorpel filed a claim for workers’ compensation, and he was awarded a scheduled-loss benefit for the loss of his four fingers and his lower leg. After the expiration of these payments in 1955, Van Dorpel sought compensation for permanent total disability. Van Dorpel was unable to return to work and had difficulty in performing basic daily living activities such as eating, dressing, and walking due to the loss of his fingers and lower leg. A hearing officer awarded Van Dorpel total-disability compensation, and Haven and its insurer appealed. The appeal board affirmed the award, and Haven and the insurer again appealed, arguing that the Michigan workers’-compensation statutes did not permit additional compensation beyond that provided for a scheduled loss.

Rule of Law

Issue

Holding and Reasoning (Voelker, J.)

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