Kincaid v. Detroit Mutual Insurance

What does the term "weekly compensation rate”1 include? Does it include only the benefits paid by the employer (workers’ compensation carrier) or does it also include differential benefits paid by the Second Injury Fund?

We hold that the weekly compensation rate described in § 352 includes both basic or general disability payments made by employers and weekly differential benefits paid by the Second Injury Fund. The Workers’ Compensation Appeal Board is reversed.

Decedent Dennis Kincaid suffered a work-related injury on January 12, 1970, which rendered him totally and permanently disabled. On…