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Gordon v. WCAC Henry Ford Health System11/18/2003
al who is able to operate an independent business after injury without regard to whether those earnings are denominated wages or profits. To refuse to permit credit in such a situation would enrich the employee at the employer's expense simply because the employee chose to operate her own business rather than return to service with another employer.
It does not follow, however, that all the employee's net profits, whether properly attributed to the employee's labor or to the employee's investment, should be treated as "wages" subject to setoff. The WCAC may properly determine the value of the employee's service to her company and treat that as wages. This amount will not necessarily equal the net profit from the business, which will likely include items related to the employee's investment in the company, and profit on other employees' labor. I would remand for a determination of the value of plaintiff's service to the corporation, i.e., what the corporation would pay a worker for such services, or, stated differently, what plaintiff would be paid for the services in the marketplace.
Helene N. White
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