SCHMALTZ v. TROY METAL CONCEPTS, INC.

Docket No. 123865.

673 N.W.2d 95 (2003)

469 Mich. 467

Thomas SCHMALTZ, Plaintiff-Appellant, v. TROY METAL CONCEPTS, INC., and Westfield Insurance Company, Defendants-Appellees.

Supreme Court of Michigan.

December 23, 2003.


Attorney(s) appearing for the Case

J. Timothy Esper & Associates, P.C. (by J. Timothy Esper), Detroit, MI, (Daryl Royal, of counsel) Dearborn, MI, for the plaintiff.

Lacy & Jones (by Michael T. Reinholm), Birmingham, MI, for the defendants.


PER CURIAM.

In this worker's compensation case, this Court is asked to determine whether a disabled employee's average weekly wage at the time of injury can be recalculated or redetermined to include discontinued fringe benefits when that employee's subsequent employment produces a partial benefit rate. We conclude that the average weekly wage that is used to establish benefit entitlement is determined at the time of injury and may not be subsequently recalculated...

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