Brown v. Brimley Area Schools

Defendant Second Injury Fund appeals by leave granted from a decision of the Workers’ Compensation Appellate Commission ordering the fund to pay plaintiff $49.27 in weekly differential benefits. We reverse.

Under § 351(1) of the Workers’ Disability Compensation Act, MCL 418.351(1); MSA 17.237(351) (1), an employee who is totally and permanently disabled is entitled to weekly benefits equal to eighty percent of the employee’s average weekly wage. Section 356(3) of the act, MCL 418.356(3); MSA 17.237(356)(3), provides that such weekly benefits should amount to at least twenty-five percent of the…