Charboneau v. Beverly Enterprises, 156884

• Decision Date: 20 September 1993
• Docket Number: No. 156884,156884
• Citation: 443 Mich. 888,508 N.W.2d 495
• Parties: Charboneau (Mary H.) v. Beverly Enterprises, d/b/a Beverly Manor Nursing Home NO. 96122. COA
• Court: Michigan Supreme Court

Page 495

508 N.W.2d 495

443 Mich. 888

Charboneau (Mary H.) v. Beverly Enterprises, d/b/a Beverly Manor Nursing Home

NO. 96122. COA No. 156884.

Supreme Court of Michigan

September 20, 1993

Disposition: On order of the Court, the application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this matter to the Workers' Compensation Appellate Commission. We DIRECT the Commission to address and make specific findings concerning the defendant's argument that the magistrate made no findings concerning any alleged change in the plaintiff's condition that might enable her to perform favored work she was doing on her last day of employment for the defendant. The record is unclear whether the magistrate's conclusion that defendant did not satisfy its burden in pursuance of its motion to stop or reduce benefits to show plaintiff had recovered from her disability included consideration of defendant's argument, and the evidence in support thereof, that the plaintiff was capable of returning to the favored work she was performing on her last day of work for defendant. Particularly in view of the magistrate's findings that the plaintiff was not a credible witness, exaggerated her symptoms and was capable of activities far beyond what she described in her testimony, we think more specific findings are necessary. The Commission may, in its discretion and while retaining jurisdiction, remand the matter to the magistrate to make supplemental findings.

We do not retain jurisdiction.