Simm v. City of Dearborn

Plaintiff, an employee of the City of Dearborn, made a motion for entry of judgment pursuant to a workmen’s compensation award. The city defended, claiming setoff for pension benefits and salary paid to plaintiff. In a written opinion the circuit court granted plaintiffs motion for entry of judgment and denied defendant’s defense of setoff. We perceive the dispositive issue to be:

Whether the party directed to pay workmen’s compensation beneñts may properly raise the question of setoff for the first time when the beneficiary moves for entry of judgment on the award in the circuit court…