Categories: Michigan Supreme Court Opinions

NAGEL v. HART COOLEY, INCORPORATED, 463 Mich. 900 (2000)

618 N.W.2d 770

VICKI R. NAGEL, Plaintiff-Appellant, v. HART COOLEY, INCORPORATED, and PACIFIC EMPLOYERS INSURANCE COMPANY, Defendants-Appellees.

No. 116916.Supreme Court of Michigan.
October 30, 2000.

COA: 224235, WCAC: 98-0670

On order of the Court, the application for leave to appeal from the April 28, 2000, order of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE IN PART the November 23, 1999, decision of the Worker’s Compensation Appellate Commission and we REMAND this case to the Commission for reconsideration, in light of Russell v Whirlpool Financial Corp, 461 Mich. 579 (2000), McJunkin v Cellasto Plastic Corp, 461 Mich. 590
(2000), and Perez v Keeler Brass Co, 461 Mich. 602 (2000), of whether the plaintiff’s forfeiture of weekly wage loss benefits could be made permanent by the termination of her employment, even for just cause. In all other respects, leave to appeal is DENIED.

We do not retain jurisdiction.

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