Cain v. Waste Management, Inc

Although I concur in part n (a) of the majority opinion, I respectfully disagree with the statutory analysis proffered in part II (b). In lieu of remanding to the Worker’s Compensation Appellate Commission (wcac) to allow it to provide its statutory authority and construction for awarding plaintiff total and permanent disability benefits, I would reverse the wcac’s apparent conclusion that the industrial loss of plaintiff’s leg in its uncorrected state could constitute one of the two required losses for awarding plaintiff total and permanent disability benefits under MCL 418.361(3)(b).

On…