Judith D Geoghegan v. Northwest Airlines Inc

Order Michigan Supreme Court
Lansing, Michigan

November 2, 2011 Robert P. Young, Jr.,
Chief Justice

143034 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
JUDITH D. GEOGHEGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices

v SC: 143034
COA: 299759
WCAC: 09-000201
NORTHWEST AIRLINES, INC., and
LIBERTY MUTUAL INSURANCE
COMPANY,
Defendants-Appellants.

_________________________________________/

On order of the Court, the application for leave to appeal the April 7, 2011 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Michigan Compensation
Appellate Commission, the successor to the Workers’ Compensation Appellate
Commission (WCAC), for reconsideration of the defendants’ partial disability issue,
which relies on Lofton v AutoZone, Inc, 482 Mich 1005 (2008). In light of the WCAC’s
determination that the magistrate should not have found that the plaintiff established
“total incapacity” because “[n]one of the physicians opined that the plaintiff was
completely unable to work during all relevant time periods,” the WCAC erred by failing
to consider application of the partial disability provision of the Worker’s Disability
Compensation Act, MCL 418.361(1).

In all other respects, leave to appeal is DENIED, because we are not persuaded
that the remaining questions presented should be reviewed by this Court. We do not
retain jurisdiction.

MARILYN KELLY and HATHAWAY, JJ., would simply deny leave to appeal.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 2, 2011 _________________________________________
t1026 Clerk