Worker’s Compensation

Payments are generally construed as "income" and not "assets". However, an exception exists when an individual may have redeemed a benefit for prior injuries. In Evans v. Evans, 98 Mich App 328 (1980) plaintiff filed for divorce and the case when pending when he was injured at work. He eventually redeemed the claim and received social security "retroactive" benefits in a lump sum. The total payments were $ 8,300 and were divided equally between the spouses by the trial court. Plaintiff appealed, claiming these assets should have been awarded 100% to him. The court of appeals disagreed and affirmed, perceiving the case to be no different than the division of any ordinary bank account, that the benefits in question were nothing other than an ordinary replacement for wages. Evans is followed in Smith v. Smith, 113 Mich App 148, 150-152 (1982).