Summary Disposition June 29, 2011.
Pursuant to MCR 7.302(H)(1), we remand this case to the Workers' Compensation Appellate Commission (WCAC) for additional analysis of the defendant's argument related to the application of MCL 418.361(1). The WCAC erred in summarily rejecting the defendant's contention that an evaluation was required pursuant to Lofton v. AutoZone, Inc, 482 Mich 1005 (2008). If it is determined that the plaintiff is only partially disabled, then a calculation of wage loss benefits must be made pursuant to MCL 418.361(1), and the WCAC should in that event modify the plaintiffs award accordingly. We do not retain jurisdiction.
HATHAWAY, J, would grant leave to appeal.