Lesner v. Liquid Disposal, Inc

The plaintiff’s son was fatally injured in the course of employment. Plaintiff, a partial dependent of the decedent, sought worker’s compensation benefits. Through extended proceedings, there has been uncertainty with regard to the proper amount of the benefits to be paid to plaintiff under the formula established by this Court in Weems v Chrysler Corp, 448 Mich 679; 533 NW2d 287 (1995).

We hold that the formula for calculating worker’s compensation death benefits for surviving partial dependents established in Weems is inconsistent with the governing statute, MCL 418.321. Accordingly, we…