Opinion
No. 112994.
May 26, 1999.
In lieu of granting leave to appeal, the April 8, 1998, decision of the Workers' Compensation Appellate Commission is reversed, and the case is remanded to the WCAC for consideration of the other issues raised in the defendant's appeal from the October 7, 1996, decision of the magistrate. MCR 7.302(F)(1). Since the original award of benefits to the plaintiff was made payable "until further order of the Bureau," the magistrate was correct in holding that the doctrine of res judicata does not prohibit a redetermination of the plaintiff's average weekly wage and the amount of his benefits to conform with the formula adopted in Rowell v. Security Steel Processing Co, 445 Mich. 347; 518 N.W.2d 409 (1994). See Pike v. City of Wyoming, 431 Mich. 589; 433 N.W.2d 768 (1988);Riley v Northland Geriatric Center (After Remand), 431 Mich. 632; 433 N.W.2d 787 (1988); andKosiel v Arrow Liquors Corp, 446 Mich. 374; 521 N.W.2d 531 (1994). Jurisdiction is retained. Court of Appeals No. 211484.
Summary dispositions May 26, 1999.