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WEMMER v. NAT'L BROACH & MACHINE CO.

Docket Nos. 77-301, 77-584.

89 Mich. App. 312 (1979)

280 N.W.2d 845

WEMMER v. NATIONAL BROACH & MACHINE COMPANY

Michigan Court of Appeals.

Decided April 2, 1979.

Attorney(s) appearing for the Case

Kelman, Loria, Downing, Schneider & Simpson (by Robert W. Howes), for Arthur R. Wemmer.

Lacey & Jones (by John L. Salter), for Liberty Mutual Insurance Company.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Eileen D. Zielesch and Joseph M. Binno, Assistants Attorney General, for the Second Injury Fund.

Before: ALLEN, P.J., and D.E. HOLBROOK, JR., and M.J. KELLY, JJ.

AFTER REMAND

ALLEN, P.J.

Do the provisions of MCL 418.351(1); MSA 17.237(351)(1) limiting workmen's compensation benefits to two-thirds of the injured party's average weekly wage at the time of the injury place an absolute ceiling on differential benefit payments by the second injury fund resulting from increases in maximum benefits payable under MCL 418.355; MSA 17.237(355)? What method of calculation should be used to compute

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