Worker's Compensation Update

On October 1, 2008 the Michigan Supreme Court decided a new case entitled Lofton v. Autozone, Inc. The Court decided that the worker's compensation magistrate will now compute wage loss benefits based on what the injured employee remains capable of earning. In other words, if an employee suffers a personal injury on the job and is entitled to benefits, the judge will reduce the amount he or she is entitled to based upon what the employee should be able to earn in other employment. This means that a person that was earning $15.00 per hour as a physician's assistant who cannot go back to work as a PA, but who can go back to work flipping burgers for $6.00 per hour, may have his or her wage loss benefits reduced by $6.00 per hour.