Lawrence v. Toys R US

Boyle, J.

(concurring in parí). I agree with parts I, II, ih(a), and iv of the lead opinion. Given that the par*129ties have not presented arguments involving the relationship between “disability,” “earning capacity,” and wages the employee is “able to earn,” I express no opinion regarding the remainder of part m of the lead opinion. The parties do not dispute application of § 361,1 and I therefore agree that a remand to the magistrate for application of § 361 is proper.

Mallett, J., concurred with Boyle, J.

MCL 418.361; MSA 17.237(361).

The WCAB substantially modified the magistrate’s opinion, but did not clearly order a remand.