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MAIER v. GENERAL TELEPHONE CO.

Docket No. 227825.

637 N.W.2d 263 (2001)

247 Mich. App. 655

William A. MAIER, Plaintiff-Appellant, v. GENERAL TELEPHONE CO. OF MICHIGAN, American Motorist Insurance Co., GTE North, Inc., and Insurance Co. of the State of Pennsylvania, Defendants-Appellees.

Court of Appeals of Michigan.

Decided September 28, 2001, at 9:05 a.m.

Released for Publication December 12, 2001.

Attorney(s) appearing for the Case

Carey, Kirk & Kihm (by Thomas D. Carey and Gary C. Newton), Kalamazoo, for the plaintiff.

Smith Haughey Rice & Roegge (by Jon D. Vander Ploeg), Grand Rapids, for General Telephone Company of Michigan and American Motorist Insurance Company.

Lacey & Jones (by Gerald M. Marcinkoski), Birmingham, for GTE North, Inc., and Insurance Company of the State of Pennsylvania.

Before: O'CONNELL, P.J., and WHITE and SMOLENSKI, JJ.

PER CURIAM.

Plaintiff, William A. Maier, appeals by leave granted from the May 19, 2000, opinion and order of the Worker's Compensation Appellate Commission (WCAC) reversing the magistrate's open award of worker's compensation benefits. We granted leave to consider whether the presumption of wage-earning capacity found in M.C.L. § 418.301(5)(d)(i) is conclusive. For the reasons set forth below, we reverse and remand...

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