Kincaid v. Detroit Mutual Insurance

429 N.W.2d 595, 431 Mich. 426
CourtMichigan Supreme Court
DecidedOctober 3, 1988
Docket81128, (Calendar No. 5)
StatusPublished
Cited by4 cases

This text of 429 N.W.2d 595 (Kincaid v. Detroit Mutual Insurance) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kincaid v. Detroit Mutual Insurance, 429 N.W.2d 595, 431 Mich. 426 (Mich. 1988).

Opinions

Griffin, J.

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 [429]*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 thus we reverse the decision of the Court of Appeals.

i

Dennis Kincaid was injured on January 12, 1970, in the course of his employment with the Detroit Mutual Insurance Company. On December 31, 1975, a hearing referee found Kincaid to be totally and permanently disabled. In addition to compensation payable weekly as the obligation of his employer pursuant to § 351(1), it was determined that Kincaid was entitled to "differential” benefits payable weekly as the obligation of the Second Injury Fund pursuant to § 521(2). Both awards were affirmed by the Workers’ Compensation Appeal Board, and no appeal was taken.

As of January 1, 1982, Kincaid was receiving compensation from his employer in the amount of $80 a week, and a "differential” benefit from the Second Injury Fund in the amount of $86.67 a week. That was the effective date of § 352(1) which, as part of 1980 PA 357, established a new entitlement to "supplemental” benefits, intended as a cost-of-living adjustment for eligible employees with injury dates between September 1, 1965, and December 31,1979.

In accordance with an interpretation of § 352(1) issued through the Compensation Supplement Fund (CSF) by the Director of the Bureau of Workers’ Disability Compensation, Kincaid’s employer determined that Kincaid was not entitled to a [430]*430supplement. Section 352(1),4 as amended by 1982 PA 32, provides that "[t]he supplement shall be computed as a percentage of the weekly compensation rate” which the employee is receiving on January 1, 1982. Furthermore, § 352(5) provides that "the supplement [shall be] reduced by the amount of the differential payments” which the employee is receiving.

The parties agree that in calculating the amount of an employee’s "supplemental” benefit, the inflation factor to be applied under the statute in the case of this employee injured in the year 1970 is seventy-one percent (0.71). However, there is disagreement as to how the calculation should be made.

In accordance with the csf’s interpretation, the employer calculated Kincaid’s supplement by multiplying the amount of his weekly compensation payable by the employer ($80) by the inflation factor (0.71), which produced a preliminary supplement of $57 per week. However, when Kincaid’s weekly differential benefit of ($86.67) was then subtracted from $57, as required by § 352(5), the negative result indicated that Kincaid was not entitled to a supplement.

Kincaid filed a petition, contesting the interpretation. He argued that the inflation factor (0.71) should be applied to $166.67, the total of the weekly amount paid by his employer ($80) plus the differential benefit paid by the Second Injury Fund ($86.67). From that product, $118, he would then deduct $86.67, his differential benefit, resulting in a supplemental benefit of $31.33 per week. On the basis of Kincaid’s interpretation of the phrase "weekly compensation rate,” he would be entitled [431]*431to receive $80 from his employer, $86.67 from the Second Injury Fund, and $31.33 from the csf, or a total of $198 per week.5

In a decision mailed July 12, 1983, a hearing referee agreed with the plaintiff’s interpretation. However, upon appeal, the wcab reversed, stating:

[W]e . . . find it was the intent of the Legislature in enacting Section 352(1) that the calculation of supplemental benefits should be based exclusively upon the weekly compensation rate paid by the employer, in this case, and not the sum total of the weekly compensation rate plus the differential benefits paid by the Second Injury Fund. [Emphasis in original.]

Thereafter, the Court of Appeals reversed the decision of the wcab. 160 Mich App 580; 408 NW2d 820 (1987). We granted leave to appeal limited to the issue how the phrase "weekly compensation rate” in § 352(1) should be interpreted.

ii

The dispute in this appeal centers on the question: What was the purpose and intent of the Legislature when, by adopting 1982 PA 32, it modified the phrase, "basic compensation rate” as it had appeared in § 352(1) of 1980 PA 357, to read "weekly compensation rate”?

Plaintiff concedes that the phrase, "basic compensation rate,” in the earlier version had referred only to that compensation which is the obligation of the employer. However, he argues that by amending the phrase, the Legislature manifested [432]*432an intent to broaden its meaning so as to include the differential benefits he also received from the SIF.

On the other hand, the csf contends that several amendments of § 352(1) made by 1982 PA 32, including the modification of "basic compensation rate” to "weekly compensation rate” were adopted for clarification purposes only, and that there was no intent on the part of the Legislature to change the meaning of § 352(1) in any respect. The csf asserts that in the context of § 352(1) and the workers’ compensation act as a whole the phrase "weekly compensation rate” is restrictive rather than expansive.

Agreeing with the position of the plaintiff, the Court of Appeals held:

We hold that the differential benefits are not to be excluded from the calculation of the supplement, but are to be subtracted from the supplement after it has been calculated and before it is paid. We rely heavily on the amending language of § 352 which excluded the more narrow term "basic compensation” in favor of the broader term "weekly compensation.” We find that the statute evidences an intent to include differential benefits within the meaning of weekly compensation. [160 Mich App 586-587. Emphasis in original.]

As we said in In re Petition of State Hwy Comm, 383 Mich 709, 714-715; 178 NW2d 923 (1970):

The fundamental rule of construction of statutes is to ascertain and give effect to the intention of the Legislature; courts are bound, whenever possible, so to construe statutes as to give them validity and a reasonable construction; seeming inconsistencies in the various provisions of a statue should be reconciled, if possible, so as to arrive at a meaning which gives effect to all parts of the [433]*433statute; a construction leading to an absurd consequence should be avoided.

Since we find the phrase "weekly compensation rate” on its face to be ambiguous, it is appropriate that we look beyond the statute to its history and the circumstances surrounding its enactment. Lakehead Pipe Line Co, Inc v Dehn, 340 Mich 25; 64 NW2d 903 (1954).

hi

Enactment of § 352(1) which established the "supplement” to weekly compensation was not an isolated occurrence.

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Related

Taylor v. Second Injury Fund
234 Mich. App. 1 (Michigan Court of Appeals, 1999)
Armstrong's Case
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Lulgjuraj v. Chrysler Corp.
463 N.W.2d 152 (Michigan Court of Appeals, 1990)
Kincaid v. Detroit Mutual Insurance
429 N.W.2d 595 (Michigan Supreme Court, 1988)

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Bluebook (online)
429 N.W.2d 595, 431 Mich. 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kincaid-v-detroit-mutual-insurance-mich-1988.