Robert Craver, SS# XXX-XX- XXX Plaintiff,
v.
General Motors Corporation, Self-Insured, Defendant,
No. 2011-196
Michigan Workers Compensation
State Of Michigan Department of Energy, Labor & Economic Growth Workers’ Compensation Agency Board Of Magistrates
March 25, 2001
The
social security number and dates of birth have been redacted
from this opinion.
There
was no trial. The case was submitted on briefs which were due
on February 22, 2011 and March 23, 2011.
Matthew A. Tyler (P34706), attorney for the Plaintiff
Benjamin Ligget (P66362), attorney for the Defendant
OPINION
PAUL
PURCELL, MAGISTRATE
The
parties agree that Plaintiff’s workers’
compensation rate is $580.00 per week based upon a 1999 date
of injury (Defendant does not stipulate to injury or
disability) with an average weekly wage of $1,157.00 per week
and tax filing status of married filing jointly with zero
dependents.
The
parties agree that effective June 13, 2009 Plaintiff started
receiving a monthly pension from the employer of $1,980.64.
They agree it translates into a weekly pension amount of
$457.42. After Plaintiff began receiving his pension the
employer began to coordinate the pension with his weekly
indemnity benefit. The parties agree that the employer may
coordinate the pension under the provisions of the Act. The
sole issue for trial is the amount to be coordinated.
The
Defendant asserts that the Workers’ Compensation Agency
has produced a computer program named Workers’ Comp
Calc – Version 12.0 and that it is permitted to use
such program in determining the amount to be coordinated. It
claims that in using such program it is entitled to insert
into the required information the fact that the payments made
to the Plaintiff under the pension plan are not subject to
FICA (Federal Insurance Contribution Act). In doing so it
arrives at “an amount to be coordinated” of
$396.44. Subtracting that amount from Plaintiff’s
weekly rate it asserts that it should be paying him the sum
of $183.56 per week ($457.42 – 396.44 = 183.56).
The...
