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CAIN v. WASTE MANAGEMENT, INC.

Docket Nos. 125111, 125180. Calendar No. 3.

697 N.W.2d 130 (2005)

472 Mich. 236

Scott M. CAIN, Plaintiff-Appellee, v. WASTE MANAGEMENT, INC. and Transportation Insurance Co., Defendants-Appellants, and Second Injury Fund, Defendant-Appellee. Scott M. Cain, Plaintiff-Appellee, v. Waste Management, Inc. and Transportation Insurance Co., Defendants-Appellees, and Second Injury Fund, Defendant-Appellant.

Supreme Court of Michigan.

Decided May 3, 2005.

Attorney(s) appearing for the Case

Pinsky, Smith, Fayette & Hulswit, L.L.P. (by Edward M. Smith and Pamela K. Bratt), Grand Rapids, MI, for the plaintiff.

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 Second Injury Fund.

Straub, Seaman & Allen, P.C. (by Daniel W. Grow and James M. Straub), St. Joseph, MI, for Waste Management, Inc. and Transportation Insurance Company.

Martin L. Critchell, Detroit, MI, for amici curiae Ford Motor Company.

Daryl Royal, Dearborn, MI, for amici curiae Michigan Trial Lawyers Association.

AFTER REMAND

TAYLOR C.J.

At issue in this worker's compensation case is whether a worker must suffer an actual amputation of a limb or body part in order to qualify for either specific loss benefits (also described as scheduled loss benefits) or total and permanent disability benefits. We hold that specific loss benefits under MCL 418.361(2) do not require an amputation. It is sufficient to qualify for such benefits if the limb or body part has lost its...

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