Kincaid v. Detroit Mutual Insurance

In this case we are asked to determine whether the phrase "weekly compensation rate” in § 352(1)1 of the Workers’ Disability Compensation Act,2 as amended, refers (1) to the amount of weekly compensation payable as the obligation of the employer under §351(1) to a disabled employee, or (2) to the total of such weekly compensation payable by the employer *429plus the amount of "differential” benefits payable weekly by the Second Injury Fund under § 521(2),3 where an employee is totally and permanently disabled. We hold that the phrase refers only to the amount of the employer’s obligation, and…