Opinion
No. 107386.
July 22, 1997
Summary Dispositions July 22, 1997:
In lieu of granting leave to appeal, the case is remanded to the Court of Appeals for consideration as on leave granted. MCR 7.302(F)(1). The Court of Appeals is directed to address the seeming conflict between its order of May 17, 1994, and the Worker's Compensation Appellate Commission's decision of January 30, 1996. The Court of Appeals further is directed to decide these questions:
(1) Whether the WCAC erred in finding that the plaintiff did not request to have her favored work job back after losing the job for which she left her favored work on March 18, 1981?
(2) Whether the WCAC erred in concluding the plaintiff was required to explicitly ask to have her favored work job back as a condition for receiving worker's compensation benefits, where it was established at the 1981 hearing on her claim for benefits that she still was disabled and no longer was employed?
(3) Whether the plaintiff's testimony at the hearing was sufficient to satisfy the necessity of a request for reinstatement, as suggested in the May 17, 1994, order of the Court of Appeals?
(4) Whether, assuming the plaintiff was required to explicitly request reinstatement and failed to do so, she should be permanently disqualified from receiving worker's compensation benefits on the basis that she unreasonably refused to perform favored work?
Jurisdiction is not retained.
Court of Appeals No. 193001.