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KINCAID v. DETROIT MUTUAL INS. CO.

Docket No. 81128, (Calendar No. 5).

431 Mich. 426 (1988)

429 N.W.2d 595

KINCAID v. DETROIT MUTUAL INSURANCE COMPANY

Supreme Court of Michigan.

Decided October 3, 1988.

Attorney(s) appearing for the Case

Kelman, Loria, Downing, Schneider & Simpson (by Barbara F. Grossman and George L. Downing) for the plaintiff.

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 defendant Compensation Supplement Fund.

GRIFFIN, J.

In this case we are asked to determine whether the phrase "weekly compensation rate" in § 352(1)1 of the Workers' Disability Compensation Act,2 as amended, refers (1) to the amount of weekly compensation payable as the obligation of the employer under § 351(1) to a disabled employee, or (2) to the total of such weekly compensation payable by the employer

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