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HASKE v. TRANSPORT LEASING, INC., INDIANA

Docket Nos. 102444, 103299, Calendar Nos. 1-2.

566 N.W.2d 896 (1997)

455 Mich. 628

Andrew B. HASKE, Plaintiff-Appellee, v. TRANSPORT LEASING, INC., INDIANA, Defendant-Appellant, and Woodlands Harvesting, Inc., Defendant-Appellee. John R. BAILEY, Plaintiff-Appellee, v. LEONI TOWNSHIP and The Accident Fund Company, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 30, 1997.

Attorney(s) appearing for the Case

Fred E. Foster, Gaylord, for plaintiff-appellee Haske.

Kelman, Loria, Downing, Schneider & Simpson by James P. Harvey, Detroit, for plaintiff-appellee Bailey.

Smith & Brooker, P.C. by Francis B. Drinan, Saginaw, for Transport Leasing Inc., Indiana.

Richard R. Weiser, Lansing, for Accident Fund Company.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Morrison Zack, Assistant Attorney General, Detroit, amici curiae for Jack F. Wheatley, Director of the Michigan Bureau of Worker's Disability Compensation.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and George H. Weller, Assistant Attorney General, for the State of Michigan.

Lacey & Jones by Gerald M. Marcinkoski, Birmingham, for Rea v. Regency Olds/Mazda/Volvo.

Conklin, Benham, Ducey, Listman & Chuhran, P.C. by Martin L. Critchell, Detroit, for Michigan Self-Insurers' Association.

Clark Hill, P.L.C. by Duane L. Tarnacki and J. Walker Henry, Detroit, for Michigan Manufacturers Association.

Daryl Royal, Dearborn, for Michigan Trial Lawyers Association.

AFTER REMAND

BOYLE, Justice.

In this appeal, we are asked to review the Legislature's definition of disability in chapter 3 of the worker's compensation act, M.C.L. § 418.301 et seq.; M.S.A. § 17.237(301) et seq. We hold that a disability is a personal injury or work-related disease that prevents an employee from performing any work, even a single job, within his qualifications and training...

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