Scott M. CAIN, Plaintiff-Appellee,
v.
WASTE MANAGEMENT, INC. and Transportation Insurance Company, Defendants-Appellants.
Scott M. Cain, Plaintiff-Appellee, Cross-Appellant,
v.
Waste Management, Inc. and Transportation Insurance Company, Defendants-Appellees, and
Second Injury Fund (Total and Permanent Disability Provision), Defendant-Appellant, Cross-Appellee.
Scott M. Cain, Plaintiff-Appellee,
v.
Waste Management, Inc. and Transportation Insurance Company, Defendants-Appellants, and
Second Injury Fund (Total and Permanent Disability Provision), Defendant-Appellee.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued November 7, 2001.
Decided January 23, 2002.
Attorney(s) appearing for the Case
Pinsky, Smith, Fayette & Hulswit (by Edward M. Smith and Pamela K. Bratt), Grand Rapids, MI, for the plaintiff.
Straub, Seaman & Allen, P.C. (by Daniel W. Grow and James M. Straub), St. Joseph, MI, for defendants Waste Management, Inc., and Transportation Insurance Company.
Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Ray W. Cardew, Jr., and Mitchell J. Wood, Assistant Attorneys General, Lansing, MI, for defendant Second Injury Fund.
Libner, VanLeuven, Evans & Portenga, P.C. (by John A. Braden), Muskegon, MI, for amici curiae Worker's Compensation Law Section of the State Bar of Michigan, supporting the employee.
Gerald M. Marcinkoski, Birmingham, MI, for amici curiae Worker's Compensation Law Section of the State Bar of Michigan, supporting the employer and insurers.
Supreme Court of Michigan.
TAYLOR, J.
The issue in this case concerns the proper standard for determining whether an injured employee is entitled to collect worker's compensation benefits for total and permanent disability pursuant to M.C.L. § 418.361(3)(g).1 Specifically, the question is whether such a person's injured limb or member should be evaluated in its "corrected" or "uncorrected" state. The Worker's Compensation...
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