In Harris v General Motors Corp, (Unpublished, Case No. 291779, 12-2-10), the Michigan Court of Appeals held that Ms. Harris (plaintiff) had failed to establish her burden to prove that her wage loss after her retirement from General Motors (defendant) was causally connected to her previous work injury. Plaintiff was 61 years old when, on 6/23/06, she signed a special attrition plan (SAP). In the SAP, she agreed that, in return for a cash payment of $35,000, she would retire from defendant no later than 1/1/07. Plaintiff was injured at work when she tripped and fell over a fax machine on 7/25/06. She injured her back and left side. She commenced sick leave on 7/31/06 and, on 8/31/06, her family doctor took her off work. She never returned to work. Following trial, the magistrate granted an open award of benefits. The award was affirmed by the Workers' Compensation Appellate Commission (WCAC). The Court of Appeals reversed the WCAC and denied benefits. It noted that there was no evidence that plaintiff intended to seek work with another employer after she retired. It held that plaintiff needed to prove that, absent her injury, she would have re-entered the workforce after she retired in order to show a causal connection between her injury and wage loss and to establish her entitlement to benefits. To review the full text of the decision, double click on the following link: http://www.michbar.org/opinions/appeals/2010/120210/47502.pdf. 12/22/10