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UNPUBLISHED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.
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