Order Michigan Supreme Court
Lansing, Michigan
May 8, 2009 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
136438(63)(65) Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
BRETTEN STONE , Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 136438
COA: 275684
WCAC: 05-000242
R.W. LAPINE, INC., and ACCIDENT FUND
INSURANCE COMPANY OF AMERICA,
Defendants-Appellants.
_________________________________________/
On order of the Court, the motion for leave to file brief amicus curiae is
GRANTED. The motion for reconsideration of this Court’s September 17, 2008 order is
considered, and it 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 plaintiff’s 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 plaintiff’s 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.
CORRIGAN, J., would deny reconsideration.
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.
May 8, 2009 _________________________________________
d0505 Clerk