Opinion
Docket No. 143455.COA No. 300848.
2011-11-23
Linda A. KIRBY, Plaintiff–Appellee, v. GENERAL MOTORS CORPORATION, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the May 12, 2011 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE in part the decision of the Workers' Compensation Appellate Commission (WCAC) and we REMAND this case to the Board of Magistrates for the reasons set forth in the WCAC dissenting opinion. On remand, the magistrate shall determine, on the basis of the existing record, whether the plaintiff met her burden of proving that her wage loss following her retirement was due to her work-related disability, rather than her retirement. MCL 418.301(4); Sington v. Chrysler Corp., 467 Mich. 144, 160–161 including n. 11, 648 N.W.2d 624 (2002).