The Flint Journal & Genesee County Bar Association's "Ask the Attorney"

MACDONALD, FITZGERALD & MACDONALD, P.C

Q. I was injured at work. I am trying unsuccessfully to do a job with restrictions, so I am thinking about just retiring and taking my pension. Can I do that and then pursue workers’ compensation?

A. Under Michigan law, there is a legal presumption that a person is not entitled to weekly workers’ compensation benefits if he or she leaves active employment to retire on a non-disability pension. If this presumption can somehow be overcome, workers’ comp benefits will still be reduced by the after-tax amount of employer-provided non-disability pension benefits. The law permits employers and employees to negotiate the effect disability pensions have on workers’ comp. You need a workers’ compensation attorney to review your individual pension options and possible workers’ compensation entitlements before you sign up for retirement.

Atty. Robert J. MacDonald
--September 2007 column