Haske v. Transport Leasing, Inc., Indiana

I write separately because the majority has lowered the threshold determination of disability under subsection 301(4) of Michigan’s Worker’s Compensation Act, despite the Legislature’s attempts to raise that threshold in 1981 and 1987.1 The majority *666holding effectively returns disability analysis to its pre-1981 and 1987 state.2 Further, the majority’s three-part test to establish a “compensable disability” fails to account for over forty years of wage-loss analysis. Thus, I dissent from the majority’s analysis of subsection 301(4) and wage loss.

i

Subsection 301(4) as amended in 1987 states:

As…