Kincaid v. Detroit Mutual Insurance

The majority holds that the phrase "weekly compensation rate” in § 352(1)1 of the Workers’ Disability Compensation Act, refers only to that portion of the amount of weekly compensation payable as the obligation of the employer under § 351(1).2 I dissent from this holding and would affirm the decision of the Court of Appeals, which held that the phrase "weekly compensation rate” refers to the actual rate of compensation received by an employee.3

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Pursuant to § 352 of the Workers’ Disability Compensation Act, an employee who is totally disabled or who is permanently and totally dis: abled is…