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Kirby v. General Motors Corp.

Supreme Court of Michigan
Nov 23, 2011
143455 (Mich. Nov. 23, 2011)

Opinion

No. 143455.

November 23, 2011.


Order

SC: 143455, WCAC: 300848, WCAC: 10-000038

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 (2002).

MARILYN KELLY and HATHAWAY, JJ., would deny leave to appeal.


Summaries of

Kirby v. General Motors Corp.

Supreme Court of Michigan
Nov 23, 2011
143455 (Mich. Nov. 23, 2011)
Case details for

Kirby v. General Motors Corp.

Case Details

Full title:LINDA A. KIRBY, Plaintiff-Appellee, v. GENERAL MOTORS CORPORATION…

Court:Supreme Court of Michigan

Date published: Nov 23, 2011

Citations

143455 (Mich. Nov. 23, 2011)