Kelley v. General Motors, 2018 ACO #14

a. Magistrate ruled in favor of plaintiff
b. Magistrate found defendant erroneously reduced plaintiff’s benefits when it included plaintiff’s Social Security disability benefits in the formula used to coordinate pension

a. Pursuant to a new Collective Bargaining Agreement with the UAW, defendant changed policy as to pension disability benefits being coordinated
b. Magistrate had to decide two issues:
(i) Whether defendant improperly coordinated plaintiff’s workers’ compensation benefits by including SSDIB in the calculations, in direct violation of the language found in MCL §418.354(11); and
(ii) If benefits were improperly coordinated, is plaintiff entitled to reimbursement of benefits withheld based on coordination of plaintiff’s Social Security Disability Insurance Benefits (SSDIB)

a. Commission reverses Magistrate (ii) The agreed upon formula between GM and the UAW from the 1990 Collective Bargaining Agreement was legal and proper
(iii) Magistrate must follow Supreme Court Order in Arbuckle v General Motors