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Lauderdale v. General Retirement System

Supreme Court of Michigan
Feb 25, 1999
459 Mich. 941 (Mich. 1999)

Opinion

Nos. 110886, 111145.

Decided February 25, 1999.


Summary Dispositions February 25, 1999:

In lieu of granting leave to appeal, the judgment of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for consideration of the issues raised by the plaintiff as appellant in that Court. MCR 7.302(F)(1).

In 1993, the worker's compensation magistrate ruled that the city of Detroit "shall not coordinate the duty disability pension being received by plaintiff pursuant to MCL 418.354(14) [MSA 17.237(354)(14)]." The statutory subsection, MCL 418.354(1); MSA 17.237(354)(1), describes circumstances under which "the employer's obligation to pay or cause to be paid weekly [worker's compensation] benefits . . . shall be reduced. . . ." The subsection, MCL 418.354(14); MSA 17.237(354)(14), says that certain disability pension benefits "shall not be coordinated pursuant to this section." It is undisputed that the plaintiff's worker's compensation benefits were never reduced (except to repay an unrelated advance in his benefits). Instead the defendants reduced disability benefits, in apparent reliance on terms of the city charter, city ordinances, or the collective bargaining agreement. Whether reduction of those benefits was appropriate is not a question that is controlled by the magistrate's statement that the worker's compensation benefits were not to be reduced. Jurisdiction is not retained. Court of Appeals No. 195662.


Summaries of

Lauderdale v. General Retirement System

Supreme Court of Michigan
Feb 25, 1999
459 Mich. 941 (Mich. 1999)
Case details for

Lauderdale v. General Retirement System

Case Details

Full title:ARTHUR LAUDERDALE, Plaintiff-Appellee, v. GENERAL RETIREMENT SYSTEM OF THE…

Court:Supreme Court of Michigan

Date published: Feb 25, 1999

Citations

459 Mich. 941 (Mich. 1999)
590 N.W.2d 67