The Sixth Circuit Court of Appeals has affirmed Chief Judge Gerald Rosen’s decision granting summary judgment to General Motors in a class action filed by former GM employees, who filed suit to stop GM from “coordinating”, i.e., reducing workers’ compensation benefits based on disability pension benefits to which they were entitled. The underlying facts stem from GM’s reorganization efforts in 2009 and a “letter agreement” executed by and between GM and UAW allowing GM to prospectively coordinate the workers’ compensation disability benefits and the pension disability benefits workers had been receiving for years as a result of the same work-related injury. The former employees / retirees argued that the Labor Management Relations Act (LMRA) and Michigan Workers’ Compensation Law, MCL 418.354(11) and (15) prohibited the coordination of the benefits. The district court ruled for GM as to all claims in the complaint. In this unpublished opinion, the Sixth Circuit affirms. Carson J. Tucker of Lacey & Jones, LLP assisted in the preparation and drafting of the appeal brief before the Sixth Circuit.
Here is the opinion: 04-30-13 Opinion