Robinson v. Shatterproof Glass Corp.

605 N.W.2d 677, 238 Mich. App. 374
CourtMichigan Court of Appeals
DecidedFebruary 10, 2000
DocketDocket 218193
StatusPublished
Cited by5 cases

This text of 605 N.W.2d 677 (Robinson v. Shatterproof Glass Corp.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Shatterproof Glass Corp., 605 N.W.2d 677, 238 Mich. App. 374 (Mich. Ct. App. 2000).

Opinion

Neff, P.J.

Plaintiff appeals by leave granted an order of the Worker’s Compensation Appellate Commission (wcac) reversing the magistrate’s denial of defendants’ request to coordinate plaintiff’s social security survivors’ benefits. We reverse.

*376 i

Plaintiff, who was bom in 1929, began working for defendant Shatterproof Glass Corporation in 1969. She suffered a disabling injury in January 1983 and last worked for Shatterproof in April 1983. In July 1991, plaintiff became eligible for social security benefits as a survivor of her husband. She also became eligible on her own for social security old-age benefits. She received $224 a month in survivors’ benefits and $668.50 in old-age benefits. At the time of the wcac’s decision, plaintiff received $239.48 a week in worker’s disability compensation benefits.

In May 1995, defendants determined that plaintiff’s disability benefits should have been coordinated with her social security benefits. Defendants reduced plaintiff’s weekly disability compensation rate and petitioned to recoup a claimed overpayment of disability benefits since May 1994. Plaintiff objected to the coordination of her social security survivors’ benefits and sought reimbursement for the benefits improperly coordinated.

The magistrate concluded that defendants could not coordinate the worker’s compensation disability benefits with plaintiff’s survivors’ benefits. He concluded that only old-age social security benefits could be coordinated. The wcac disagreed with the magistrate. It found that social security survivors’ benefits were subject to coordination with worker’s disability compensation benefits.

n

This case presents an issue of first impression: Whether § 354 of the Worker’s Disability Compensation Act (wdca), MCL 418.354; MSA 17.237(354), *377 authorizes an employer to coordinate worker’s disability compensation benefits with survivors’ benefits received by the employee under the Social Security Act (SSA), 42 USC 402. We conclude that it does not.

A

This Court may review questions of law involved with any final order of the wcac. MCL 418.861a(14); MSA 17.237(861a)(14); Goff v Bil-Mar Foods, Inc (After Remand), 454 Mich 507, 512; 563 NW2d 214 (1997). The wcac’s decision may be reversed if the commission operated within the wrong legal framework or based its decision on erroneous legal reasoning. Il les v Jones Transfer Co (On Remand), 213 Mich App 44, 50; 539 NW2d 382 (1995).

This case involves the construction of MCL 418.354; MSA 17.237(354), which provides for the coordination of worker’s disability benefits with retirement, social security, and other benefits. MCL 418.354(1); MSA 17.237(354)(1). The primary goal in statutory interpretation is to ascertain and give effect to the Legislature’s intent. Adrian School Dist v Michigan Public School Employees’ Retirement System, 458 Mich 326, 332; 582 NW2d 767 (1998). The statute should be construed reasonably, keeping in mind its purpose and the object sought to be accomplished by the statute. Gross v General Motors Corp, 448 Mich 147, 158-159; 528 NW2d 707 (1995).

The first step in discerning the intent of the Legislature is to consider the language of the statute. Chandler v Dowell Schlumberger Inc, 456 Mich 395, 398; 572 NW2d 210 (1998). The language must be read according to its ordinary and generally accepted meaning. Id. If the language of the statute is clear and *378 unambiguous, judicial construction is not permitted. Frankenmuth Mut Ins Co v Marlette Homes, Inc, 456 Mich 511, 515, 517-518; 573 NW2d 611 (1998). Although statutory interpretation is a question of law, subject to review de novo, reviewing courts accord great weight to the administrative interpretation of a statute, unless that interpretation is clearly wrong. Hoste v Shanty Creek Management, Inc, 459 Mich 561, 569; 592 NW2d 360 (1999).

B

MCL 418.354(1); MSA 17.237(354)(1) identifies the benefits subject to coordination:

This section is applicable when either weekly or lump sum payments are made to an employee as a result of liability pursuant to section 351, 361, or 835 with respect to the same time period for which old-age insurance benefit payments under the social security act, 42 USC 301 to 1397f; payments under a self-insurance plan, a wage continuation plan, or a disability insurance policy provided by the employer; or pension or retirement payments pursuant to a plan or program established or maintained by the employer, are also received or being received by the employee. Except as otherwise provided in this section, the employer’s obligation to pay or cause to be paid weekly benefits other than specific loss benefits under section 361(2) and (3) shall be reduced....

For purposes of this analysis, subsection 1 must be considered with subsection 9 of § 354, which addresses the overpayment of compensation benefits:

*379 Except as otherwise provided in this section, any benefit payments under the social security act, or any fund, policy, or program as specified in subsection (1) which the employee has received or is receiving after March 31, 1982 and dming a period in which the employee was receiving unreduced compensation benefits under section 351, 361, or 835 shall be considered to have created an oveipayment of compensation benefits for that period.

The WCAC, relying on subsection 9, concluded that worker’s disability compensation benefits must be coordinated with any benefit payments under the SSA, not just those termed “old-age insurance benefits.” However, a clear reading of subsection 1 together with subsection 9 indicates otherwise. Subsection 1 indicates that application of the coordination provision is limited, with respect to social security benefits, to “old-age insurance benefit payments under the social security act.” That subsection defines the applicability of the coordination provisions. Subsection 9 on the other hand, clarifies the date after which the coordination of benefits provision is to be applied. It refers to benefit payments “as specified in subsection (1).” The use of the phrase “any benefit payments under the social security act” necessarily requires consideration of the applicable type of benefits as defined in subsection 1.

A reading of subsection 1 together with subsection 9, indicates that social security benefits other than old-age benefits are not subject to coordination. Therefore, if plaintiff’s survivors’ benefits are not “old-age insurance benefit payments,” then they may not be coordinated with the worker’s disability compensation benefits she receives.

*380 2

42 USC 402 defines eligibility for old-age and survivors’ payments. These benefits are treated separately from one another.

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Bluebook (online)
605 N.W.2d 677, 238 Mich. App. 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-shatterproof-glass-corp-michctapp-2000.