Opinion
No. 134958.
January 24, 2008.
Court of Appeals No. 276745.
Summary Dispositions January 24, 2008.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the ruling of the Workers' Compensation Appellate Commission (WCAC) that the magistrate's order does not provide for an offset to the plaintiffs workers' compensation benefits except in the case of actual earnings. The magistrate's order incorporated by reference all the rulings in his attached opinion. Because that opinion clearly gives the employer credit for the plaintiffs ability to earn $8 an hour, 25 hours per week, the WCAC clearly erred in ruling that the magistrate's order did not grant such credit. We remand this case to the WCAC for plenary consideration of the plaintiffs cross-appeal. We do not retain jurisdiction.