Irvan v. Borman’s, Inc

This case involves the question of whether compensation for injury under the Worker’s Disability Compensation Act 1 may be less than the minimum prescribed in § 351 (MCL 418.351; MSA 17.237[351]) when the average weekly wage of the injured employee is less than the statutory minimum.

We hold that it may not, reverse the decision of the Court of Appeals, and reinstate the award of the Workers’ Compensation Appeal Board.

At the time of his injury, plaintiff was a part-time employee of the defendant, earning an average weekly wage of $28. Following the injury, defendant continued to pay plaintiff…