Stone v. RW Lapine, Inc

764 N.W.2d 574, 483 Mich. 1007

Opinion

Reconsideration Granted May 8, 2009:

The motion for leave to file brief amicus curiae is granted. The motion for reconsideration of this Court’s September 17,2008, order is granted, in part. On reconsideration, we modify our order dated September 17,2008, by adding the following language at the end of the order: “Although the magistrate did not err by choosing to utilize MCL 418.371(6) to calculate the plaintiffs average weekly wage, he did err by failing to apply the specific formula provided in subsection 6. We remand this case to the Board of Magistrates for a recalculation of the plaintiffs average weekly wage using the formula stated in MCL 418.371(6).” In all other respects, the motion for reconsideration is denied. We do not retain jurisdiction. Court of Appeals No. 275684.

Corrigan, J. I would deny reconsideration.