Ross v. Modern Mirror & Glass Co.
Michigan Court of Appeals
1Opinion of the CourtTalbot, P.J.
Defendants appeal by leave granted the May 5, 2004, order of the Workers’ Compensation Appellate Commission (WCAC) that modified a magistrate’s decision regarding the application of the one-year-back rule contained in MCL 418.833(2). The WCAC concluded that, under that statute, defendants could only recoup the amount of benefits overpaid to plaintiff in the year before they filed their recoupment action. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E).
The basic facts in this case are not in dispute. In 1991, plaintiff suffered a serious work-related…
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