212 Mich. 174 | Mich. | 1920
(after stating the facts). While other questions are argued, we are impressed that but two questions are presented upon this record for determination at this time. They are:
(1) Was applicant’s letter above quoted a sufficient claim for review of the decision of the arbitrators? and
(2) Has the board the power to set aside the award of the board of arbitration and order a new arbitration?
We are persuaded that the first question must be answered in the affirmative and the second in the negative.
“It may be noted in passing that a bare statement-in writing of plaintiff’s claim for review which could be written in two or three lines, would if filed with the board within the seven days have preserved right of review under the provision of the statute.”
And in Brunette v. Quincy Mining Co., 197 Mich. 301, where it was urged that time was needed to prepare the claim for review and assignments of error, we said:
“The act only requires a claim for review to be filed within the 7 days, which can be quickly prepared and transmitted. Assignment of errors and grounds for review which counsel urge take time to prepare are not required by the act to be then stated.”
While the language found in the letter does not strictly follow the language of the statute, we think it was sufficient.
The order made by the industrial accident board vacating the award of the board of arbitration and resetting the matter for another arbitration must be vacated and the case remanded for such proceedings as may be had not inconsistent with this opinion.