Hiltz v. Phil's Quality Market

This workers’ compensation case focuses on the interpretation of MCL 418.862; MSA 17.237(862), 1 the so-called 70% provision. Specifically, we address the issue whether an employer (or its workers’ disability compensation carrier) who has paid benefits to an employee during the appeal of a workers’ compensation case may claim those payments as pre-payments or credit against the employer’s ultimate liability or, stated conversely, whether the exclusive source of the employer/carrier’s recovery, on the facts here presented, is the Second Injury Fund.

I

The plaintiff, Kurt Hiltz, was a 17-year-old…