Summary Disposition June 23, 1998:
The cause having been briefed and orally argued, the August 27, 1996, decision of the Court of Appeals is affirmed in part and reversed in part, as follows. The Supreme Court affirms the decision of the Court of Appeals on the question of the plaintiff's right to an increase in weekly wage-loss benefits pursuant to MCL 418.356(1); MSA 17.237(356)(1), because there was competent evidence in the record to justify the conclusion reached by the WCAC. This action should not be construed as indicating agreement with the reasoning set forth in the Court of Appeals opinion. To the extent that the Court of Appeals concluded that extrinsic economic forces are alone sufficient to justify a wage-loss benefits increase under the statute, that conclusion is expressly disavowed. The Court of Appeals holding that the one-year-back rule, MCL 418.381(3); MSA 17.237(381)(3), is entitled to retroactive application is affirmed because the Supreme Court agrees with that result. However, the Court of Appeals holding that the WCAC's error was harmless is reversed because of a factual error contained in the opinion. Contrary to the statement of that Court, all the benefits sustained by the WCAC were not provided before the effective date of the statute, which was July 30, 1985. The magistrate had awarded benefits for the closed period of March 21, 1985, through March 21, 1986. Thus, benefits from July 31, 1985, through March 21, 1986, should not have been awarded. In all other respects the Court of Appeals opinion is affirmed. Leave to appeal was granted on December 17, 1997, 456 Mich. 902.
Reported below: 218 Mich. App. 475.