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SWEATT v. DEPARTMENT OF CORRECTIONS

Docket No. 120220, Calendar No. 12.

661 N.W.2d 201 (2003)

468 Mich. 172

Ronald G. SWEATT, Plaintiff-Appellee, v. DEPARTMENT OF CORRECTIONS, Defendant-Appellant.

Supreme Court of Michigan.

Decided May 13, 2003.

Attorney(s) appearing for the Case

Kelman, Loria, Will, Harvey, & Thompson (by James P. Harvey), Detroit, MI, for the plaintiff-appellee.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Ray W. Cardew, Jr., Assistant Attorney General, and Gerald M. Marcinkoski, Special Assistant Attorney General, Birmingham, MI, for the defendant-appellant.

Libner, VanLeuven, Evans, Portenga & Slater, P.C. (by John A. Braden), Muskegon, MI, in support of the plaintiff, amicus curiae.

Opinion

MARKMAN, J.

We granted leave to appeal in this case to consider whether defendant must pay plaintiff differential worker's compensation benefits, i.e., partial-disability benefits, under subsection 361(1) of the Worker's Disability Compensation Act (WDCA), M.C.L. § 418.101 et seq., where defendant, by law, cannot rehire plaintiff because of plaintiff's "commission of a crime." The worker's ...

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