William D Harder v. Castle Bluff Apartments ( 2011 )

Order Michigan Supreme Court
Lansing, Michigan
June 3, 2011 Robert P. Young, Jr.,
Chief Justice
142616 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
WILLIAM D. HARDER, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 142616
COA: 298975
WCAC: 09-000196
CASTLE BLUFF APARTMENTS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 27, 2011
order of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the question presented should be reviewed by this Court. 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.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 3, 2011 _________________________________________
t0531 Clerk