Opinion
No. 142616.
June 3, 2011.
Court of Appeals No. 298975.
Leave to Appeal Denied.
We note that, contrary to the analysis provided by the Workers' Compensation Appellate Commission (WCAC), MCL 418.361(1) applies at all times to partially disabled workers, see Lofton v. AutoZone, Inc, 482 Mich 1005 (2008), but the magistrate in this case found, and the record supports, that the plaintiff did not have the ability to earn wages within his qualifications and training, and the WCAC therefore properly affirmed the magistrate's decision.
CAVANAGH, MARILYN KELLY, and HATHAWAY, JJ., would deny leave to appeal without the further statement found in the majority's order.