
    BELENCAN v. J. D. CANDLER ROOFING COMPANY.
    Workmen’s Compensation — Total and Permanent Disability— Second-Injury Fund — Handicapped Persons — Differential Benefits.
    Plaintiff is not entitled to total and permanent disability workmen’s compensation benefits from the Second-Injury Fund where he lost one leg as the result of an injury arising out of and in the course of his employment with the defendant employer, received workmen’s compensation benefits therefor, and subsequently lost the other leg from causes which did not arise out of or in the course of any employment of plaintiff covered by the workmen’s compensation law.
    Reference for Points in Headnote
    58 Am Jur, Workmen’s Compensation § 296 et seq.
    
    
      Appeal from Workmen’s Compensation Appeal Board.
    Submitted June 3, 1970.
    (Calendar No. 11, Docket No. 52,354.)
    Decided August 19, 1970.
    Nick Belencan, after receipt of compensation for total disability, presented a claim for additional benefits for permanent and total disability due to loss of both legs. Additional award, payable by Second Injury Fund, affirmed by Workmen’s Compensation Appeal Board. Defendant Second Injury Fund sought leave to appeal to the Court of Appeals which was denied. Defendant Second Injury Fund appeals.
    Reversed.
    
      Beilinson & Doctorojf (Bruce L. Randall, of counsel), for plaintiff.
    
      Richard G. Rogers, for defendants J. D. Candler Roofing Company and Michigan State Accident Fund.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and A. G. Stoddard and Roger G. Will, Assistant Attorneys General, for defendant Second Injury Fund.
   T. M. Kavanagh, J.

During the course of plaintiff’s employment with defendant roofing company, he was injured when he fell from the roof of a building on August 17, 1956. As a result of that injury he was totally incapacitated from working. His employe^, chrough its insurance carrier, voluntarily paid workmen’s compensation at the proper weekly rale and for the proper duration under the Workmen’s Compensation Act in effect at that time for one who was totally incapacitated from working hut not totally and permanently disabled, as such disability is defined in said act.

On July 24, 1961, it was necessary, because of the injury, to amputate plaintiff’s right leg.

On July 21, 1965, nine years subsequent to the date of the injury, plaintiff’s other leg was amputated. Amputation of the second leg did not arise out of or in the course of any employment of plaintiff covered by the workmen’s compensation law.

Plaintiff did not work after he was injured in 1956.

The above facts are not disputed.

For the reasons given and authorities cited in Whitt v. Ford Motor Company (1970), 383 Mich 726, the decision of the Workmen’s Compensation Appeal Board is reversed and total and permanent disability benefits denied.

No costs, a public question being involved.

T. E. Brennan, C. J., and Dethmers, Kelly, Black, and Adams, JJ., concurred with T. M. Kavanagh, J.

T. Gr. Kavanagh, J., did not sit in this case. 
      
       CL 1948, § 411.1 et seq., as amended (Stat Ann 1960 Rev 8 17-.141 et seq.).
      
     