Opinion
Docket No. 143779.COA No. 301005.
2011-12-29
Robert L. McMURTRIE, Plaintiff–Appellee, v. EATON CORPORATION and Old Republic Insurance Company, Defendants–Appellants.
Order
On order of the Court, the application for leave to appeal the August 15, 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 September 30, 2010 decision of the Workers' Compensation Appellate Commission (WCAC) and we REMAND this case to the Michigan Compensation Appellate Commission (MCAC), as successor to the WCAC, for the MCAC to determine whether the plaintiff's wage loss is due to his injury. The WCAC erred in holding that the worker's disability compensation act does not require a determination that the plaintiff's wage loss is due to his work-related disability. MCL 418.301(4); Sington v. Chrysler Corp., 467 Mich. 144, 648 N.W.2d 624 (2002); Kirby v. General Motors Corp. 490 Mich. 915, 805 N.W.2d 440 (2011). If the MCAC determines that there is a causal connection between the plaintiff's disability and his wage loss, then the MCAC shall determine the extent of the plaintiff's partial disability and make the commensurate award of wage loss benefits. MCL 418.361(1); Lofton v. Autozone, Inc., 482 Mich. 1005, 756 N.W.2d 85 (2008); Umphrey v. General Motors Corp., 489 Mich. 978, 799 N.W.2d 16 (2011).
We do not retain jurisdiction.