Krueger v. Simplicity Pattern Co.

In this case of first impression, defendants appeal by leave granted from an order of the Workers’ Compensation Appellate Commission. The Commission ruled that, once an employer elects to coordinate an employee’s pension benefits under the Workers’ Disability Compensation Act, it may not later apply the age-65 reduction. We affirm.

Plaintiff worked for defendant Simplicity Pattern Company for forty-two years. He retired in September, 1985 and elected to take his pension in a lump sum, calculated at $29,300.61. Had he not elected the lump sum amount, his monthly pension benefits would have been…