Lawrence v. Toys R US , 453 Mich. 112 ( 1996 )

Boyle, J.

(concurring in parí). I agree with parts I, II, ih(a), and iv of the lead opinion. Given that the parties have not presented arguments involving the relationship between “disability,” “earning capacity,” and wages the employee is “able to earn,” I express no opinion regarding the remainder of part m of the lead opinion. The parties do not dispute application of § 361,¹ and I therefore agree that a remand to the magistrate for application of § 361 is proper.

Mallett, J., concurred with Boyle, J.

1 MCL 418.361; MSA 17.237(361).

1 The WCAB substantially modified the magistrate’s opinion, but did not clearly order a remand.