Romein v. General Motors Corp.

462 N.W.2d 555, 436 Mich. 515
CourtMichigan Supreme Court
DecidedSeptember 28, 1990
DocketDocket Nos. 83830, 83831, (Calendar No. 7)
StatusPublished
Cited by59 cases

This text of 462 N.W.2d 555 (Romein v. General Motors Corp.) 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
Romein v. General Motors Corp., 462 N.W.2d 555, 436 Mich. 515 (Mich. 1990).

Opinions

Cavanagh, J.

We granted leave in these consolidated cases to decide the constitutionality of 1987 PA 28, §354(17X20), MCL 418.354(17X20); MSA 17.237(354)(17)-(20). This statute prohibits the coordination of workers’ compensation benefits for employees who were injured before the eifective date of 1981 PA 203. It also requires the repayment plus interest of all benefits withheld as a result of coordinating benefits between 1982 and 1987 from disabled employees whose injury dates were before 1982. We hold that the amendments of the Workers’ Disability Compensation Act contained in 1987 PA 28, § 354(17)-(20) are constitutional exercises of legislative power retroactively modifying benefit levels for a legitimate purpose furthered by ra[521]*521tional means. We also hold that the statute does not abrogate any vested rights of the employers. The statute may validly be applied to all compensation liabilities within its terms except those which have been reduced to final judgment before its enactment.

FACTS AND PROCEDURAL HISTORY

The plaintiffs were injured before 1981. In 1981, the Legislature enacted 1981 PA 203 which included the coordination of benefits provision of § 354, MCL 418.354; MSA 17.237(354). This section allowed coordination of workers’ compensation benefits with employer-funded pension plan payments. This statute was part of a legislative reform package involving a series of related amendments of the workers’ compensation statute. The coordination provisions were an essential component of a compromise plan that restructured benefits payable to disabled workers. The resources saved as a result of this coordination were reallocated by the statute to increase benefit levels generally, from two-thirds of the average weekly wage to eighty percent of after-tax wages, effective for injuries occurring after January 1, 1982.

The plaintiffs were subjected to these coordination provisions even though the statute was silent regarding its application to claims resulting from injuries occurring before its 1982 effective date. On September 28, 1983, General Motors Corporation informed plaintiff Romein that he had been overpaid $75.03 per week from January 1, 1982, because of the corporation’s failure to coordinate benefits under 1981 PA 203, § 354, as of its effective date. Thus, the corporation began to deduct the amount of this "overpayment” of $3,913.57 from compensation benefits as they became due [522]*522and payable. The corporation also began coordinating future benefit payments by deducting pension and social security benefits from the workers’ compensation payments due, resulting in a thirty-five percent reduction of benefits actually paid. This resulted in a reduction of $132 a week. His total benefits were reduced from $19,377.80 to $12,513.80 per year. Plaintiff Gonzalez experienced an even more dramatic reduction in his workers’ compensation benefits. The Ford Motor Company informed Gonzalez that it would begin coordination of his benefits in accordance with § 354 resulting in the withholding of his entire $176 weekly payment beginning March 31, 1982.

Between January 1, 1982, and October 7, 1985, the legality of coordination of benefits for injuries which occurred before the effective date of 1981 PA 203, § 354, was in doubt. The Legislature expressed its view that the initial, lower court decisions1 permitting application of § 354 coordination rights only to claims arising from injuries occurring after the effective date of § 354 were correct.2

The defendants’ efforts to coordinate plaintiffs’ benefits under § 354 received judicial acceptance in 1985 when this Court reversed the lower court in Chambers v General Motors Corp, 422 Mich 636; 375 NW2d 715 (1985). The Court applied principles of statutory interpretation to hold that § 354 permitted coordination of benefits regardless of the date of injury since the Legislature did not state an intent to apply the provision only to benefits [523]*523paid to employees whose injuries occurred after its effective date.

Thereafter, the Legislature enacted 1987 PA 28 which clearly indicated that the coordination of benefits provision of 1981 PA 203 was not intended to reduce benefits for injuries which occurred before the effective date of the 1981 statute. This statute retroactively amended § 354 and prevented any coordination of benefits for claims arising from injuries which occurred before March 31, 1982.

The first provision of 1987 PA 28 states that it is the Legislature’s intent to prohibit the coordination of benefits for pre-March 31, 1982, injuries.3 Another provision of the act requires that any setoffs which have been made by employers between March 31, 1982, and May 14, 1987, be refunded to employees, with interest. Thus, any benefits that were reduced under the coordination provisions of § 354, are deemed by statute to have been "underpayments” of workers’ compensation benefits and must be refunded within sixty days with interest.4 In addition, if the employee had [524]*524repaid money to the employer for benefits received that the employer alleged should have been coordinated, 1987 PA 28 requires the employer to reimburse the employee, with interest, within sixty days.5

The issue before the Court is whether the Legislature has violated the defendants’ constitutional rights under the Due Process or Contract Clauses of the state and federal constitutions by retroactively altering the level of benefits due and payable prior to the amendment. We must also decide whether this retroactive alteration of benefits violates the Separation of Powers and One Court of Justice Clauses of the Michigan Constitution.

i

The defendants contend that 1987 PA 28, § 354(17)-(20) violates the Due Process Clauses of the United States and Michigan Constitutions by retroactively imposing liability for additional workers’ compensation benefits for past compensable periods. They contend that they relied on the coordination provisions of § 354 during the period between its effective date of March 31, 1982, and [525]*525the amendment date of May 14, 1987, and that this reliance gives them a vested right to have their liability for those periods determined by the law then in effect.

The defendants argue that 1987 PA 28 is "purely retroactive” and unconstitutionally impairs rights under executed contracts of employment.

The defendants urge that this statute is "purely retroactive” because it not only applies to injuries arising before the effective date of the act, but also modifies the employer’s liability for a preenactment compensable period. Thus, this statute is different from the one upheld in Chambers.

We hold that the challenged statute satisfies the rational relationship test and does not abrogate any vested rights of the employers. The statute, therefore, does not violate the Due Process Clauses.

A

A rational basis standard of review governs this Court’s scrutiny of the legitimacy of social and economic legislation.

"It is by now well established that legislative Acts adjusting the burdens and benefits of economic life come to the Court with a presumption of constitutionality, and that the burden is on one complaining of a due process violation to establish that the legislature has acted in an arbitrary and irrational way. See, e.g.,

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Bluebook (online)
462 N.W.2d 555, 436 Mich. 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romein-v-general-motors-corp-mich-1990.