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MCJUNKIN v. CELLASTO PLASTIC CORP.

Docket No. 110940, Calendar No. 5

608 N.W.2d 57 (2000)

461 Mich. 590

Gary L. McJUNKIN, Plaintiff-Appellee, v. CELLASTO PLASTIC CORPORATION, Defendant-Appellant.

Supreme Court of Michigan.

Decided March 29, 2000.

Attorney(s) appearing for the Case

Williams, Fotieo, Szczytko & Fedewa, P.C. (by Tonya A. Fedewa), Grand Rapids, for plaintiff-appellee.

Grzanka, Grit (by Constance J. Grzanka and Mark A. Warber), Grand Rapids, for defendant-appellant.

Richard F. Zapala, Lansing, for amicus curiae Accident Fund Company.

Daryl Royal, Dearborn, for amicus curiae Michigan Trial Lawyers Association.

Opinion

MARILYN J. KELLY, J.

Does subsection 301(5) of the Worker's Disability Compensation Act (WDCA)1 require automatic renewal of benefits when a disabled employee revokes an unreasonable refusal of reasonable employment and the employer reneges? We find that it does. Hence, we affirm the result reached by the Court of Appeals, but modify its rationale.

We conclude that, where an employee ends a period of unreasonable...

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