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KINCAID v. DETROIT MUTUAL INS. CO.

Docket No. 89177.

160 Mich. App. 580 (1987)

408 N.W.2d 820

KINCAID v. DETROIT MUTUAL INSURANCE COMPANY

Michigan Court of Appeals.

Decided June 2, 1987.

Attorney(s) appearing for the Case

Kelman, Loria, Downing, Schneider & Simpson (by Barbara F. Grossman), for petitioner.

Fitzgerald, Hodgman, Cox, Cawthorne & McMahon (by John P. Baril), for defendants Detroit Mutual Insurance Company and Liberty Mutual Insurance Company.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Ray W. Cardew, Jr., Assistant Attorney General, for the Compensation Supplement Fund.

Before: M.J. KELLY, P.J., and SULLIVAN and P.R. JOSLYN, JJ.

M.J. KELLY, P.J.

What does the term "weekly compensation rate"1 include? Does it include only the benefits paid by the employer (workers' compensation carrier) or does it also include differential benefits paid by the Second Injury Fund?

We hold that the weekly compensation rate described in § 352 includes both basic or general disability payments made by employers and weekly differential benefits paid by the Second Injury...

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