Order Michigan Supreme Court
Lansing, Michigan
June 11, 2010 Marilyn Kelly,
Chief Justice
140183(21) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
TIMOTHY L. TRAMMEL, Stephen J. Markman
Plaintiff-Appellee, Diane M. Hathaway,
Justices
v SC: 140183
COA: 292912
WCAC: 2008-000226
CONSUMERS ENERGY COMPANY,
Defendant-Appellant.
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On order of the Court, the motion for reconsideration of this Court’s February 26,
2010 order is considered, and it is DENIED, because it does not appear that the order was
entered erroneously.
CORRIGAN, J. (concurring).
I write separately to acknowledge the argument, made by the defendant and its
amici, that the opinion of the Workers’ Compensation Appellate Commission (WCAC)
will ultimately authorize significantly more benefits than the Legislature intended for
workers claiming limb loss. In particular, the briefs observe that the increasing
prevalence and success of joint replacement surgery militates against providing scheduled
loss benefits under MCL 418.361(2) to an employee whose limb is returned to usefulness
by way of internal, surgical correction. These concerns are best addressed to the
Legislature, which has the power to amend the statutes on which the WCAC relied.
WEAVER, YOUNG, and MARKMAN, JJ., join the statement of CORRIGAN, J.
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.
June 11, 2010 _________________________________________
d0608 Clerk