Opinion
Nos. 115320, 115321.
April 26, 2000.
Summary Dispositions April 26, 2000:
In lieu of granting leave to appeal the August 3, 1999 decision of the Court of Appeals is vacated and the case is remanded to that Court for consideration as on leave granted limited to the issue whether the magistrate correctly calculated plaintiffs average weekly wage. MCR 7.302 (F)(1). In so doing the Court of Appeals is to specifically consider which section of MCL 418.371. MSA 17.237 (371) applies to the calculation of plaintiffs average weekly wage. In its August 3, 1999 decision, the Court of Appeals erred in acting peremptorily on the basis of a purported "error of law" when it offered "no opinion" on the legal question before the court. Court of Appeals Nos. 219103, 219153.
I dissent.