CAROL E NIELSEN V MAZDA MOTOR MFG

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STATE OF MICHIGAN COURT OF APPEALS CAROL E. NIELSEN, UNPUBLISHED July 22, 1997 Plaintiff-Appellee, v No. 189005 WCAC LC No. 93-388 MAZDA MOTOR MANUFACTURING, f/k/a AUTOALLIANCE INTERNATIONAL, INC., Defendant-Appellant. Before: Gribbs, P.J., Holbrook, Jr., and J.E. Martlew*, JJ. MEMORANDUM. Defendant appeals by leave granted from an opinion and order of the Worker’s Compensation Appellate Commission, which affirmed a decision of a hearing magistrate granting plaintiff an open award of partial disability benefits. We affirm. Contrary to defendant’s argument, the WCAC applied the currently accepted definition of disability under § 301(4) of the Worker’s Disability Compensation Act, MCL 418.101 et seq.; MSA 17.237(101) et seq. See Michales v Morton Salt Co, 450 Mich 479; 538 NW2d 11 (1995); Rea v Regency Olds/Mazda/Volvo, 204 Mich App 516; 517 NW2d 251 (1994), remanded 450 Mich 1201 (1995), held in abeyance for Haske v Transport Leasing, Inc and Bailey v Leoni Twp (MSC Nos. 2444 & 3299, abeyance order issued 10/1/96). Consequently, we find no merit to defendant’s claim that the “reasonable employment” provisions of §§ 301(5)-(9) of the WDCA are inapplicable to this matter. The decision of the WCAC is affirmed. Affirmed. /s/ Roman S. Gribbs /s/ Donald E. Holbrook, Jr. /s/ Jeffrey L. Martlew * Circuit judge, sitting on the Court of Appeals by assignment. -1

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