Opinion
Docket No. 56091.
May 8, 1975.
Kelman, Loria, Downing, Schneider Simpson (by Robert W. Howes), for plaintiff. Lacey Jones (by E.R. Whinham, Jr., of counsel), for defendant Chrysler Corporation. Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and William J. Szykula, Assistant Attorney General, for defendant Second Injury Fund. (Docket No. 56091.) Reported below: 54 Mich. App. 100.
ORDER
Entered May 8, 1975. — REPORTER.
On order of the Court, the application by plaintiff-appellant for leave to appeal is considered, and the same is granted. Our review of the controlling opinion of the Workmen's Compensation Appeal Board discloses that it does not employ the correct legal standard for measuring loss of industrial use of both legs. This Court, sua sponte, pursuant to GCR 1963, 865.1(7), remands to the Workmen's Compensation Appeal Board for reconsideration of whether plaintiff has suffered the permanent and total loss of industrial use of both legs in light of Burke v Ontonagon County Road Commission, 391 Mich. 103, 114; 214 N.W.2d 797 (1974). We retain no further jurisdiction.
SWAINSON and J.W. FITZGERALD, JJ., not participating.